2018Attempted 63 Murder, Special Bodily Injury, and Destruction and Damage of Special Articles

A

The Hong-ju (prosecution, public trial), Han-ju (public trial)

Attorney B

June 25, 2018

A defendant shall be punished by imprisonment for three years.

The seized knife one knife, one knife bag and one knife knife shall be confiscated, respectively.

Criminal facts

The Defendant is a person who worked as the head of a tree team at the site of a major complex construction project implemented by K General Construction Corporation from March 2016 to December 2016.

The Defendant demanded C General Construction Co., Ltd. to pay labor cost of KRW 60 million to C General Construction Co., Ltd., but C General Construction Co., Ltd., in the above labor cost, dispute arises with one another by asserting that an amount equivalent to KRW 20 million should be deducted from the cost of defect repair work. Although the Defendant demanded the victim Hu○(55) who is a joint representative of C General Construction Co., Ltd. and the victim Kim Jong-hun(54 years of age) to pay labor cost according to the Defendant’s calculation on several occasions, the Defendant was fluored to the victim Hu○(55 years of age) who would not pay the money, and the victim Kim Il-hun was fluored

1. Attempted murder;

On March 12, 2018, at around 09:51, the Defendant: (a) stopped from the point of time before the office of “C General Construction” located in the Kim Jong-si, Kim Jong-si; (b) the victim’s so-called so-called Huk-young was on board the said building; (c) the victim’s so-called Huk-ho was on board the said building; (d) the victim’s Dok-ho was on board the said Dok-ho 750 driver’s seat; (d) the victim’s Kim Jong-hun was on board the said passenger’s seat; and (e) the victim’s Dok-ju was on board the said vehicle at around 11:30 on the same day; (e) the victim’s Dok-si’s front restaurant distance, which was stopped in accordance with the stop signal; and (e) the victim’s Dok-si’s body was in need of treatment, such as an injury to all victims, and (e.g., the victim’s 15 Dok.

2. Injury by special injury and damage to special property;

At the time and place specified in Paragraph 1, the Defendant concealed the above BMW car with the Defendant’s vehicle, which is a dangerous object as above, and caused the conflict between the rear part of the city bus No. 71 ○○○○○○○, which was driven by the above BMW car in the future, by pushing ahead the above BMW car in the future, thereby causing injury to the victim’s boom, who is the passengers of the above city bus, to undergo approximately two weeks of medical treatment, and at the same time, damaged the victim’s c general construction company’s bM car with KRW 140,00,000 at the market price being used and managed in accordance with the operation lease agreement, and damaged the bus No. 16,148,627 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of Hu○○, Kim○-hun, Jeong Jong*

1. Statement of the police statement regarding the red control chart;

1. A medical certificate (o), each injury diagnosis certificate, and a medical opinion;

1. EDR analysis report;

1. Detailed statement of checking and maintaining automobiles;

1. Photographss of the scene of the accident and photographs of the damaged vehicle;

1. Bluckings images and CCTV images;

1. Manknife, Mazack bags, and knife;

1. Investigation report (locating, etc. of a victim's vehicle), investigation report (verification of the victim's vehicle value, etc.);

Application of Statutes

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

Articles 254, 250(1) of the Criminal Act (the attempted murder, the choice of limited imprisonment), 258-2(1), and 257(1) of the Criminal Act (the point of special injury), Articles 369(1), and 366 of the Criminal Act (the point of destroying special goods, the choice of imprisonment) of each Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (the crime of attempted murder)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Concurrent Punishment for homicide with Punishment heavier than Punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant did not have any intention to kill the victims at the time of receiving the victim's Hu○ and Kim Il-hun from the next HuW vehicle.

2. Determination

A. In full view of the following: (a) the Defendant’s criminal history and motive, means and method of committing the crime; (b) the situation before and after the commission of the crime; (c) the degree of damage to the damaged vehicle; and (d) the degree of injury to the victim, etc., such as a photograph of the scene of the accident, box image, CCTV image, CCTV image, and EDR analysis report, which can be found by the evidence duly adopted and investigated by this court, can be sufficiently recognized that the Defendant had an intent to deliberate upon the possibility of the victims’ death

(b) A person guilty of murder as a result of the jury verdict: Four persons;

- Not guilty of murder: Reasons for the sentencing of three persons; 1. Legal penalty: Imprisonment for two years and six months from June to June 22

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes of murder;

[Scope of Recommendation] The basic area of Category 2 (Ordinary homicide) (Special Mitigation and Aggravation) (3th April to 10th August) (Special Mitigation and Aggravation), dolusent / Planning homicides

(b) No sentencing criteria are set for the crime of special injury, special damage and damage to property;

3. Determination of sentence: The crime of the crime of the case of the case of the three-year imprisonment is that the defendant tried to murder the front part of the car which the two victims had driven by driving the vehicle in high speed, and the accident causes injury to the bus passengers and at the same time damages the above bus and the car. Since the life of the people is absolute value, and our legal order also protects the life as the most important value, the defendant's liability for the crime of infringing it is not easy. Damage was not recovered.

However, it is difficult to readily conclude that the Defendant’s attempted murder was committed by a conclusive intentional act, and the attempted murder of the victim is minor, and the victim’s gambling is agreed with the victim E Co., Ltd., resulting in special damage, and other various sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., shall be determined as ordered.

‘‘(1 year and six months of imprisonment: one person per year and eight months: one person per year and eight months; and two years’ imprisonment.

- Imprisonment for a period of two years and six months: one person;

- Imprisonment for a period of four years and six months: one person ‘‘(5 years’ imprisonment; two persons;

For the same reason, it is so decided as per Disposition through a participatory trial under the Act on Citizen Participation in Criminal Trials.

The presiding judge shall complete the judge;

Judges Gu Superintendent of the Supreme Court

Judges Lee Byung-chul