2013Attempted Murder 773

2013 Before 2013 35 (Joint Attachment Orders)

A

Criminal prosecution (prosecutions, public trials) and office houses (public trials)

Attorney B, C (State Ship)

5, 2014

A defendant shall be punished by imprisonment for eight years.

Seized knife No. 1 (No. 1) shall be confiscated.

An applicant for an attachment order shall be ordered to attach an electronic tracking device for ten years. The matters to be observed in the attached Form shall be imposed on the applicant for the attachment order during the period of attachment of the electronic tracking device.

【Criminal Facts and the Grounds for Attachment Orders】

On July 7, 1988, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendants") sentenced life imprisonment to murder by a court in Seoul Northern District Office and executed the sentence in Seoul Southern Prison on October 28, 2008, and completed the execution of the sentence on March 22, 2009 after paroled on October 28, 2009.

The defendant is residing in Busan Seo-gu D apartment No. 120, 1308, 120, 1308, and the victim E (V, 44) and the victim F (V, 46) shall live in the above apartment between the husband and wife, and shall live in 120, 1305.

Around 19:50 on October 7, 2013, when the Defendant lacks the ability to discern things or make decisions due to the personality and behavior disorder, the Defendant stated that, through windows from the front corridor No. 120, 1305 of the above apartment building No. 1305, the victims who were in dispute within the above No. 1305 “c.m. for early use,” “h. for early use,” and talks with each other, and talks with E that “h.h., this rings, we live together, and a large number of k.m., we can see” from E, and talks with the Defendant’s house, and puts a kn.m. (k. 20c. total length 31.5m.) in the kitchen.

After the Defendant sounded that the entrance of the above 1305 is opened, “I see the door,” the Defendant reached two times the left arms of F with F having the door knife, which F had the door knife, one time in the above knife, and the entrance is closed.

The Defendant continued to enter the above 1305 living room and the room, and kept the left side of E and the back side of E, one time, respectively, and reached a part of F with the left side and the shoulder part of F, one time each.

The defendant, while recognizing that the victims were aware of the victims' right to death, tried to kill the victims in a knife, but the victims were knife, knife, and knife the victims' knife and the neighbors were not able to find and commit the attempted crimes.

【Fact of Grounds for Attachment】

Since the Defendant committed the murder in this case after having been sentenced to imprisonment with prison labor or a heavier punishment for committing the crime of murder, etc. as seen above, it constitutes “the case of committing the murder again after having completed or exempted the sentence of imprisonment with prison labor or a heavier punishment for committing the crime of murder” under the proviso of Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Offenders.

Summary of Evidence

【Criminal Facts】

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to E, F, I, and J;

1. Each protocol of seizure and the list of seizure;

1. A report on the actual condition survey report (including photographs, etc.) and on the results of field identification;

1. Each investigation report (No. 11, 13, 14, 15, 18, 25, 26) 1. The existing number of 1 knives (No. 1) seized;

1. Evidence No. 1 (Written reply to Inquiry into Facts), and No. 2 (Written reply to Mental Opinion) of the submission by a defense counsel;

【Prior Records at the Time of Sales】

1. Requests to send inquiries about criminal records, etc. and written judgments;

【Risk of Reoffending at the Time of Sales】

As a result of the mental appraisal conducted by the appraiser of a medical treatment and detention center against the defendant, the following circumstances recognized by each evidence, a mental appraisal reply letter of a mental appraisal of a public medical treatment and detention center and a request for an attachment order, namely, as a result of the mental appraisal conducted by the appraiser of a medical treatment and detention center against the defendant, it is recognized that the defendant has a risk of recommitting the crime to the defendant, taking into account the motive and background of the crime in this case, the defendant's age, character and behavior, etc., where the defendant shows the current editing thinking, bypassability of the accident, bypassability of the accident, bypassability of the accident, by stimulating the impulse, by the shock of the impulse, and the actual judgment ability, by applying the "PL-R" to the defendant, the "high risk of social re-offending" as the total point 28 points.

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act (Selection of Imprisonment with prison labor)

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with regard to murdering and attempted murdering with respect to Victims F with heavier penalty)

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;

Determination on the assertion of the defendant and his/her defense counsel under Articles 5(3), 9(1)1, and 9-2(1)2-2 and 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

1. Summary of the assertion

The defendant was frightened by the victims to take the knife and knife the victims' house to take the knife, and caused the victims to knife the knife in the process of carrying out the body fighting in order not to take the knife the knife, but there was no intention to murder

2. Determination

The intention of murder is not necessarily recognized as a purpose or planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is conclusive, as well as the so-called willful negligence. In a case where the defendant asserts that there was no intention of murder at the time of committing the crime and only there was only the intention of murder or assault, the issue of whether the defendant was the intention of murder shall be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, types of deadly weapons prepared, the motive for committing the crime, the part and repetition of the attack, and the possibility of causing the death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

In light of the above legal principles, the following circumstances acknowledged by the evidence adopted and examined by the court are as follows: (i) the defendant flife with the victims who are neighboring residents, and found them at the center of the victims; (ii) the victims are important parts of the body that may cause danger to life, such as flife, flife, flife and flife, etc.; and (iii) the above flife knife is a deadly weapon with the length of 20cc; (iv) the victims can easily have died of flife due to knife; and (v) the defendant's assertion that the victim Flife knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife k.

Reasons for sentencing

1. The scope of punishment;

From June to June 22

2. Scope of recommendations (basic crimes and concurrent crimes);

○ Tangible Murder, Type 2 (Ordinary homicide)

○ Special Convicts

- Mitigation elements: mentally ill-minded persons (no one shall be responsible);

- Aggravations: serious injury, cruel method of crime

○ General Convicts

- Mitigation elements: After the commission of a crime, the aftermath of relief, serious reflect

○ Scope of Recommendations

- The range of recommended sentences revised according to the standards for handling multiple crimes of 00 years or more, 20 years or longer (the lowest limit of sentence is 1/3, 20 years or more, 20 years or more, and 20 years or more, or 20 years or more, or 20 years or more, because of a crime of homicide): Imprisonment for not less than five years, or imprisonment for life;

3. Determination of sentence: A sentence of imprisonment with prison labor for a period of eight years has been rendered by the defendant to the blood of the victim F and to prevent the expansion of damage after the above crime; a crime committed each attempted murder in the judgment is committed; the defendant was in a state of mental disorder due to liverness, personality and behavior disorder; and the continuous medical treatment is expected to be necessary due to symptoms arising from liverness; and there are some favorable circumstances for the defendant.

However, in light of the fact that the crime of attempted murder in the judgment is highly dangerous, and the degree of injury is considerably serious, and that there was an undiscriminatory attack against the victims in knife by intrusion upon the victim's house, the defendant did not reach an agreement with the victims, the victims did not feel a considerable mental impulse and fear, and the victims seem to suffer a considerable aftermaths, and the defendant committed each attempted murder in the judgment even though there was a history of being sentenced to life imprisonment due to the crime of murder, etc., it is inevitable to punish the defendant with severe punishment.

In addition, the sentencing conditions shown in the arguments of this case, such as the age, growth process, character and conduct, environment and circumstances before and after the crime, the scope of recommended punishment according to the sentencing guidelines for murder crimes, the sentencing opinion of jurors, etc. shall be determined as per the order.

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

- Sponsing: 9 persons (per man);

2. Whether to recognize mental illness

-Recognition: 9 persons (per day):

3. For an opinion on an attachment order: Nine persons (per page).

4. Opinions on sentencing;

- Ten years of imprisonment: Three years of imprisonment; three persons;

- Seven years of imprisonment: two persons;

- 6 years of imprisonment: It is so decided as per Disposition through a participatory trial at the defendant's wishes for at least one reason.

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-dong

1) The Defendant was receiving medical treatment from G Hospital from August 29, 2009, which was prior to the instant crime, due to an overall tension liver, and an official watch.

Statement of a response to the mental sentiment of the Silman Park, the motive for the crime, the circumstances and means of the crime, the behavior of the defendant before and after the crime, and the crime.

In light of the existence and degree of memory about the situation before and after it, the investigation and attitude in the trial procedure, etc., at the time of the crime in this case

It is reasonable to view that the state of mental disability was in a state.