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(영문) 대전지방법원 2015.5.21.선고 2014고합407 판결
존속살해,부착명령
Cases

2014 Highly 407 Murder

2015 Magora9 (Joint Attachment Orders)

Defendant Saryary attachment order

Claimant

Prosecutor

Gyeong Jong-il, Go-Un (Court) and Kim Il-il (Court)

Defense Counsel

Attorney Choi So-gu (National Election)

Imposition of Judgment

May 21, 2015

Text

A defendant shall be punished by imprisonment for thirty years.

Seized knife (No. 7) shall be confiscated.

For a person subject to an application for attachment order, the attachment of an electronic tracking device shall be ordered for 15 years. The matters to be observed in the attached Form shall be imposed on the person subject to the application for attachment order.

Reasons

Criminal facts and the facts constituting the attachment order

[Criminal Facts] The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") have been living together with the victim A (72 years of age) and the victim B (68 years of age) who are friendly father in his/her place of residence. The victims of ordinary parents, who are the victims of ordinary parents, disregard themselves and are not well aware of their punishment on the grounds that they have a lot of discrimination, so they did not have a sense of understanding the victims.

In a state that the defendant lacks the ability to discern things or make decisions due to a climatic mental disorder of a certain impossibility that shows a summons, inappropriate attack behavior, a sense of decentralization, and a reality judgment disorder, the defendant continues to do the Internet game called "marb" around October 22, 2014, when the crith has opened on the Internet game of the victim, such as "marb" around 20:15, when the crith of the defendant's residence of the Daejeon Dong-gu, Daejeon. "Is no knife?? Is if we can die??? Is if we do not kniff????" Sheet the victim's knife and complaint he was accumulated to the victims of the victim, and knife the victim's knife and knife that he had opened on the Internet shopping mall around 2013 and kept the victim's knife and knife's knife.

Accordingly, the Defendant killed the victims who continue to exist by causing the death of the victim A in the 13th group, such as a snife, and 11th group of the victims B, such as fnife, in the low-fnife shock by the knife snife.

【Fact of Grounds for Attachment】

As above, the Defendant, who committed murder, is likely to recommit the murder crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each request for appraisal;

1. A written appraisal of each panel of inspection;

1. A copy of each body of corpse;

1. On-site photographs;

1. The risk of recidivism of the judgment: (a) comprehensively taking account of the evidence mentioned above and the suspect examination protocol of the police and the prosecutor's office; and (b) the following circumstances acknowledged by the defendant, i.e., ① knife A, the father who had been in custody of knife and kept in knife at knife, several times, murdered the victim B, which is the mother of knife, and the knife, and the method of committing the crime is very harsh; and (b) the defendant stated at an investigative agency that he would die of knife and want to kill knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250 (2) of the Criminal Code (Appointment of Imprisonment for Arms)

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)2 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (Aggravation of Concurrent Crimes within the scope of proviso of Article 42 of the Criminal Act) of the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of proviso of Article 42 of the Criminal Act) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Issuing an order to attach an electronic tracking device and matters to be observed;

The grounds for sentencing of Articles 5(3), 9(1)1, and 9-2(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders; 1. The scope of punishment: 10 years to 50 years; imprisonment;

2. Application of the sentencing criteria (the crime of killing each person);

[Scope of Recommendation] Type 2 (Ordinary homicide) (Aggravated homicide) (Aggravated term of 15 years or more, and a life term of 15 years or more)

【Special Mitigation Elements】 Dental, Self-denunciation

[Special Aggravation] Imprisonment with prison labor for not less than 15 years, and life imprisonment for not less than 15 years

3. Determination of sentence: The life of a person of 30 years of imprisonment is an absolute value, which cannot be altered, and our legal order also protects his life most important and thus infringing upon it cannot be used as a knife. However, the Defendant: (a) killed the victims, who have produced his own knife with knife, in a knife; (b) the nature of the crime is extremely poor and highly likely to be criticized; and (c) the Defendant did not seem to have taken the attitude of knife or repenting his mistake in this court.

However, in light of the fact that the defendant is fully aware of the crime of this case, the fact that the crime of this case was committed in the state of mental and physical disability caused by hearing, failure to determine the reality, etc., the fact that the defendant directly surrenders to the police after the crime of this case, the fact that the defendant voluntarily surrenders to the police, the circumstance that the first offender was favorable is considered, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

Judges

The presiding judge, judge and police officer;

Judges Kim Gin-han

Judge Maximum-type

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