2019 Gohap380 homicide

○○ Kim (65-years, South Korea), public officials

Residentialization City

Reference domicile Hong-nam District

Cho Jae-hee (Institution of Prosecution), Jinsil (Public Trial)

Law Firm Law Firm

November 15, 2019

A defendant shall be punished by imprisonment for 18 years.

The seized knife (No. 1), one knife (No. 6), one knife (No. 7) and one knife (No. 7) shall be confiscated, respectively.

Criminal facts

On April 25, 1991, the Defendant married with the Victim’s U2○○ (Fe. 57 years of age) and lived with the victim until the divorce was made on November 4, 2015, while living together with the victim until June 10, 2019.

On July 24, 2019: from 30 to 15:40 on the same day, the Defendant: (a) at the victim’s house owned by the Defendant living in the 10-way area according to the ethic circulation of Sungsung City on the same day; (b) at the time of divorce, the Defendant: (c) prepared a note with the dead and the Defendant demanded to transfer a part of the property transferred at the time of divorce while the victim was her lives with another male; (d) while the Defendant was moving to the inside, the Defendant opened the front door while the Defendant was moving to the front door, and she was frighted to have the victim shotly killed the victim; and (e) she was frighting the victim’s head by moving the victim’s head to the front seat; and (e) she was able to write the victim’s head to the kitchen at the right time, and used the victim’s kitchen floor in the kitchen room (34 cm, 222 cm length).

The Defendant continued to take the left hand of the victim who defends the victim of the kitchen knife that is being used by the kitchen, and has knife the body of the victim, such as the clothes, in several times, and kept the kitchen knife in the kitchen (24 cm in total length, 13 5 cm in length of 13.5 cm in length of the kitchen), and brought the transition back on the floor, and brought the side side of the part of the other part, which is filled by the victim's hand, and knife the transition back again, after putting the victim's timber, knife.

As a result, the defendant killed the victim by causing the victim to die with the knife, the knife at the distribution level, and his excessive blood.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to ○○○ by the police officer

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

1. The internal investigation report (including the evidence list Nos. 10, 21, and each accompanying material), the investigation report (the evidence list No. 30, 32);

34 , 48, 50, 51, 55, 62, 76, 102, and each accompanying material

1. A situation report, a death certificate, a field inspection report, a victim inspection report, and a physical inspection report at the scene of a change;

J. (Local Police) Inspection Report, Digital Evidence Analysis Report, Inquiry Request for Expert Opinion, Inspection of homicides

Results report, autopsy report and gene appraisal report, penology appraisal report, gene genes, etc. response to the results of appraisal, such as genetic genes, etc.

1. Interior photographs, etc. of the site;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 250(1) of the Criminal Act (Murder)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years nor more than thirty years; and

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

[Determination of Type] homicide / [Type 2] Ordinary homicide

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, 10 years to 16 years of imprisonment

3. Determination of sentence: 18 years of imprisonment; and

The crime of this case is not very good when considering the fact that the victim's knife knife knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife. The victim, who was faced with the suspicion and verbal abuse of the victim, appears to have experienced severe pain and pain until the death of his bereaved family members. Moreover, the victim's children and the victim still wanted social trust.

However, under the circumstances where the defendant appears to have committed the crime of this case, the defendant all of the crimes of this case are recognized, the defendant has no record of criminal punishment prior to the crime of this case, and the workplace rent, etc. at the same time wanting to take into consideration the defendant's favorable circumstances, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be favorable to the defendant, and the punishment is determined as per the order beyond the scope of recommended sentencing guidelines, by taking into account various sentencing conditions specified in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence

Judges Lee Chang-he

Judges Choi Gyeong-hoon

Judges Kim Jae-han