2017Gohap551 homicide, thief

2017. Written order to attach (Joint) 200

○○ Kim (79 years old, South)

○○ (Institution of Prosecution) and ○○ (Public Trial)

Attorney Cho ○-○ (Non Line)

March 29, 2018

A defendant shall be punished by imprisonment for twenty years.

Seized evidence 20 to 23 shall be confiscated.

The request for the attachment order of this case is dismissed.

Criminal facts

1. homicide;

Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as Defendant only as the Chinese national's ship, which was known to be work together at the construction site around September 2017, 2017, accessed the victim Kim Jong-soo (Y, 54 years old), who was a ship of Chinese nationality, and became aware of the fact that the victim avoided the Defendant from around September 20, 2017 and did not receive the call.

On November 6, 2017: Around 57: Around 04:57, the Defendant had a knife knife (a knife knife 21cm) with the victim’s knife knife at home to wait for the victim at a public parking lot located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, the centering around the victim’s home, leading the victim at home for his work. The Defendant’s home knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knif.

2. Larceny;

As above, the Defendant, on the ground that the victim was killed and the escape is needed, returned to the scene of murder, and stolen wallets, cash 120,000 won, credit cards, etc., which were in the victim’s body, were stolen.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

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

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act / [Article 37 (1) 2, and 50 of the Criminal Act / [Article 38 (1) 2, and Article 50 of the Criminal Act / From

1. Confiscation;

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 36 years;

2. Application of the sentencing criteria;

(a) Basic crime: homicide;

[Determination of Type] Murder> Class 2 (General Mosing homicide)

[Special Convicts] A self-denunciation (Mitigations) and planned murder (Aggravations)

[Scope of Recommendation] Imprisonment of not less than 15 years, life imprisonment (aggravating area)

(b) Concurrent crimes: The types of larceny (decision on types of larceny) against general property; and

[Special Convicts] No. :

[Scope of Recommendation] Not less than six months but not more than one year and six months (basic area)

(c) Scope of recommendations based on standards for handling multiple crimes: From 15 to 30 years (in addition to the upper limit of sentence for basic crimes, 1/2 of the upper limit of concurrent crimes shall be added to the upper limit of sentence) and imprisonment for life;

3. Determination of sentence: 20 years of imprisonment; and

The favorable circumstances in 00: The defendant was present at the investigative agency after the crime and self-denunciation of the victim; the defendant recognized and reflected all the crimes; and the defendant was faced with difficulties in social adaptation by showing symptoms, such as depression, apprehension, bee, bee, and bee, etc. due to depression: The act of cutting the life of a person, which is an absolute value, is very serious.

In addition, even though the victim expressed his/her intention to refuse it, the defendant continued to request her director and knife to rest around the victim's residence, and the victim murdered on the ground that the victim did not comply with it, there are no circumstances to consider the motive for the crime. The defendant prepared and planned to commit the crime, such as purchasing knife and knife to use in the crime to kill the victim, and purchasing the knife in advance the knife to use it, the defendant threatened the victim with knife, knife the victim knife, and knife the victim knife the victim knife and knife the victim knife on the floor, but the victim was used on the floor so that knife knife knife knife knife and knife the victim's face and knife knife the victim did so.

1. Summary of request;

The Defendant, as a ship of Chinese nationality, entered into the Republic of Korea as a visiting employment visa in 2009 and stayed in the Republic of Korea. From around 201, the Defendant murdered the victim as stated in paragraph (1) of the criminal facts in the judgment during the process of being provided with a certificate of depression and administered medication. In light of the background leading up to the crime, the method of recidivism, etc., there is a risk of recidivism.

2. Determination:

Article 5(3) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders provides that “The risk of recommitting a homicide is insufficient solely on the possibility of recommitting a crime, and there is a considerable probability that the person who has the authority to issue an order to attach an electronic device may injure legal peace by committing a homicide again in the future. The risk of recommitting a homicide crime ought to be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person who has requested an order to attach an electronic device, the conduct prior to the relevant crime, the motive and means of the crime, the circumstances after the crime, and the situation after the crime, based on the time of judgment (see, e.g., Supreme Court Decision 2012Do2289, 2012Do55, 2012Do51, May 10, 2012).

In addition to the criminal records of the defendant, the criminal records of the defendant, the motive, means, circumstances after the crime of this case, etc., which can be known by the evidence records, the defendant surrenders himself/herself to the crime of this case, his/her depth, and the possibility of preventing recidivism and of relaxing or correcting recidivism through the prison life according to this decision, the evidence submitted by the prosecutor alone is insufficient to deem that the risk of repeating the crime of murder is recognized.

Therefore, the request for the attachment order of this case is dismissed in accordance with Article 9(4)1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is not reasonable.

Judge Ahn Sung-sung

Judges and Public Officials;

Judges Nam-tae et al