2018 Gohap534 homicide

A

Kim Jong-tae (prosecution) and a trial after his/her equipment

Attorney Kang Sung-sung (Korean Civil Code)

September 21, 2018

A defendant shall be punished by imprisonment for fifteen years.

One kitchen (proof No. 1) which has been seized shall be confiscated.

Criminal facts

【Factual Facts】

From around June 2008, the Defendant transferred to the technical source and various hospitals due to alcohol addiction, and was receiving treatment from the R Hospital located in Q in Guro-gu Seoul from around June 2015. Around December 2016, the Defendant came to become aware of the victim D (n, 35 years of age) who was receiving treatment due to Alphan addiction at the same hospital, and came to develop into a relationship with the former. From July 2017 to November 2017, the Defendant repeated the living conditions of the living together and the hospital and began to live in full scale.

While living together with the victim, the Defendant: (a) committed assault against the victim, on the ground that the victim was intending to grow back as an entertainment drinking house to live together with the victim; (b) committed assault against the victim from January 21, 2018 to April 25, 2018, and received 112 reports over ten times; (c) around December 16:0-17:00-17:00 on December 12, 2017, when drinking together with the victim under the building C of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the victim’s face was 10 times as drinking; and (d) as a dangerous object, the victim’s fright k with the victim’s open upper door door door, the non-permanent end fright of the pelke, and the victim’s injury, such as the closure of the pellet, and was frightd from around July 28, 2017 to around July 2015.

On March 22, 2018, the Defendant was arrested under an arrest warrant due to a special injury, including the crime committed on December 12, 2017, and later requested a detention warrant to the Seoul Central District Court. However, on March 24, 2018, the Defendant submitted a written application for a written application to the effect that the victim does not want the punishment against the Defendant during the open interrogation of the suspect before detention and the Defendant also was relieved of detention by being able to live with the victim.

【Criminal Facts】

From May 3, 2018, the Defendant, from around 08:30 on May 3, 2018 to around 08:30 on May 3, 2018, the day after the day after the Defendant, from around 05:0 to around 05:0 on the following day, he/she sought a loan by the Defendant’s vehicle as security to prepare living expenses, smuggling monthly rent, and installments of a vehicle, but does not mean that the Defendant would have the Defendant would work again in the middle of an entertainment drinking house, and the kitchen knife in the kitchen (No. 1 card, total length of 30.5cm, 19cc., a knife length of knife) of the victim under the influence of alcohol with the kitchen knife in the lower part, so far as it is possible to keep the part of the victim’s left part of the kitchen under the influence of alcohol, 6c meters in depth, 17c meters in the middle, and the low blood shock shock caused by the death shock.

By doing so, the victim was killed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with regard to 0;

1. Each police statement to S, T or U;

1. Records of seizure and the list of seizure;

1. Each investigation report (related to the confirmation of the details of the case and reported cases in 112, and the confirmation of the records of assaulting the victim by a suspect, and the application for a warrant of ex post facto search, seizure and verification);

1. Application of Acts and subordinate statutes, including 10 cases, such as field and climatic photo, examination report, physical examination report, on-site inspection report, photo and CD attachment, written judgments and written decisions, and documentary examination and appraisal report;

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

Article 250(1) of the Criminal Act; Selection of limited imprisonment

1. Confiscation;

Article 48(1)1 of the Criminal Act (Article 48(1)1 and Article 48(1)2 of the Criminal Act also seeks confiscation of one of the clothes (Evidence No. 2) generated from the blood or self-scamtains seized by the prosecutor, but this is limited to clothes that the victim seems to have suffered at the time of the instant crime, and does not fall under any of subparagraphs of Article 48(1) of the Criminal Act and does not sentence confiscation)

The defense counsel asserts that the defendant, as a patient with severe alcohol alcohol, was drunk at the time of the crime of this case, and was in fact in a state of mental disorder or mental disorder.

According to the records, the defendant has a alcohol respect before that time, and even at the time of the crime of this case, even though he is recognized as having a considerable amount of drinking at the time of the crime of this case, the investigative agency stated relatively more specifically in relation to the situation where the defendant drinks with the victim immediately before the crime of this case, dispute, body fighting was punished, the reason why the knife was knife with the kitchen, the situation before and after the knife with the victim, etc. (the evidence records 253 pages, 408 pages, 408 pages), and immediately after the crime, the defendant was aware that the victim complained of suffering, and tried to contact the victim who is serious (the evidence records 175 pages, the evidence records 175 pages) and arguments. Thus, the defense counsel's assertion cannot be accepted.

1. Reasons for sentencing: Imprisonment with prison labor for not less than five years nor more than thirty years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Types 2 (Ordinary homicide)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 years to 16 years (Basic Area)

3. According to the sentence decision, the crime of this case is committed by the defendant who has a symptoms of ordinary alcohol with the victim in a de facto marital relationship in his/her place of residence, and the victim's clothes under the influence of alcohol with the kitchen knife in a kitchen knife.

The Defendant, at the alcohol addiction treatment hospital, made efforts to meet and treat the same victim, who is the same patient, while living together with each other, but symptoms did not change more, and there were frequent cases of dispute or self-harm after talking with the victim. During this process, the Defendant was committed several times of violence by the victim, and the Defendant appears to have caused contingent crimes in a state of drinking, even on the day of the instant case. The Defendant recognized and participated in the investigation process, and expressed a strong intention to provide medical treatment, such as requesting medical treatment and custody, from the time of the trial.

However, the victims lost their lives that could not be altered, and the bereaved family members suffered from the irrecoverable mental suffering, and were punished against the Defendant. Furthermore, the Defendant cannot be held liable for the unlawful degree of liability on the ground that he/she committed the instant crime since he/she was arrested as a violent crime against the victim and was released from detention for two months after he/she was arrested as a violent crime.

In addition to these various circumstances, the defendant's age and character, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined within the scope of recommended sentencing guidelines.

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor

1) By the time of committing the crime, the Defendant is presumed to have been on the part of the victim to have been on the 8th degree of illness.