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(영문) 울산지방법원 2017.12.8.선고 2017고합219 판결
살인,살인미수
Cases

2017False 219 Murders and attempted murders

Defendant

A

Prosecutor

Maintenance heat (prosecution), Yellowju (public trial)

Defense Counsel

Law Firm B

Attorney C

Imposition of Judgment

December 8, 2017

Text

A defendant shall be punished by imprisonment for life.

A seized knife (No. 1) shall be confiscated.

Reasons

Criminal facts

The Defendant had been in charge of the passenger room, restaurant, etc. at the "F hotel in Ulsan-gun E, Ulsan-si, Ulsan-si, U.S., in U.S. from around 2007 to June 30, 2017. However, around June 2017, the Defendant requested the above D and his wife G (V, 52 years old), victims H (V, 31 years old), and victims I (V, 29 years old) to leave the hotel on the ground that the hotel was operated around June 2017. The Defendant demanded the family members of the above D to settle the accounts of wages, retirement allowances, and loans, etc. which the Defendant had not received until they were paid the full amount, and continued to reside in the hotel until they were paid the full amount. This led to the occurrence and aggravation of the victims.

At around 10:40 on July 4, 2017, the Defendant: (a) was able to continue residing at the above hotel; (b) returned to a nearby horse, etc.; (c) however, at the Defendant’s room, reported suicide suspicion to the victim H and the police upon finding the knife and the knife; and (d) the Defendant, at around 11:40 on the same day, submitted the knife and the knife to the police officer belonging to the Ulsan-ri Police Station that called out to the above area; and (c) the Defendant was further improved for victims.

Around 12:55 on the same day, the Defendant returned to the above 201 on a vehicle of the Defendant parked in front of the hotel, with a horse, etc., for eating. However, the Defendant discovered from the victim H and the Defendant’s room that she taken away from the corridor without the Defendant’s permission, attempted to kill the victims, and attempted to kill the victims by using a food knife (33 cm in total length, 20 cm in length) inside the Defendant’s inner knife, with a knife of the victim I, two times in quantity, such as the victim I, and reported knife with a knife of the body of the victim’s knife one story, and then, knife the victim’s knife knife knife knife knife knife knife knife knife knife knife k.

Accordingly, the Defendant attempted to murder the victim H and G, and murder the victim I.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement made to J and I;

1. Records of seizure and the list of seizure;

1. A written autopsy report (victim H), a written autopsy report (victim G), a written autopsy report, a written autopsy report, G, H), a written opinion (victim ID and a written diagnosis);

1. Request for genetic appraisal, request for digital evidence analysis, and report on actual condition survey;

1. Reports on internal investigation (victim I relative investigation) and investigation reports (investigation into K Burial);

1. The application of Acts and subordinate statutes, such as photographs, photographs, photographs, kn't and kn't pictures, photographs, photographs, photographs, site inspection photographs, photographs (in the K store photographs and cctv image caps) and receipts 1. The application of resident registration record cards, etc. (suspects and victims);

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

Articles 250(1) of the Criminal Act (the charge of murdering against the victim H and G, the choice of life imprisonment) and Articles 254 and 250(1) of the Criminal Act (the charge of attempted murder and the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (Inasmuch as punishment and imprisonment for life have been selected for the crime of murder committed against the victim G with the largest punishment, no other punishment shall be imposed)

1. Confiscation;

1. Scope of applicable sentences by law: life imprisonment;

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

(a) Crimes of paragraphs 1 through 2: homicide; and

[Determination of Punishment] Types 2 (Ordinary homicide)

[Special Convicted homicide] Advanced homicide (Aggravated Elements)

[Determination of Recommendation Area] Aggravation

[Scope of Recommendation] Imprisonment with prison labor for not less than 15 years and imprisonment for life

(b) Third offense: homicide; and

[Determination of Punishment] Types 2 (Ordinary homicide)

[Special Convicted homicide] Any planned murder crime, serious injury (aggravated factor)

【Determination of Recommendation Area】 Special Priority Area

[Scope of Recommendation] Imprisonment for not less than five years, imprisonment for not less than 20 years, or imprisonment for life (the minimum limit of the recommended sentence shall be 1/3, and the upper limit shall be reduced to 2/3, respectively). Handling multiple crimes: Imprisonment for not less than 15 years or imprisonment for life (the upper limit of crime 1 + 1/2 + 1/3 of the upper limit of crime 3)

3. Determination of sentence: The life of a person for life is valuable and decent. Each of the instant offenses is committed in a tourist hotel operated by the defendant, with the character of the victim I, etc. of the knife in the knife and the knife continuously knife two times for the reason that the knife and the knife were distorted and insulting him, and then the victim G, etc. of the knife who is the knife and the knife and murdered the victim G, and the crime is committed against the attempted murder of the victim I for any reason, and the result is too harsh.

of this chapter.

In light of the fact that the victims did not carry any tool to threaten the Defendant at the time, the victims seem to have been seriously cruel and interviewed by the method of crime, and the victims were suffering from severe pain and extreme fear. The bereaved family members of the victims lost their honor during their lifetime and suffered uncured situations. Nevertheless, the Defendant did not have any effort to prevent the suffering of the bereaved family members. Rather, it is doubtful as to whether the Defendant was genuine, such as having been subjected to unfair treatment from the victims during the trial process, and having been able to take responsibility for the victims. Considering that the victims did not receive a letter from the bereaved family members, and the victims’ bereaved family members did not have been punished for the Defendant, the victims would have lost their hickness and responsibility for the Defendant.

However, there are circumstances that can be considered in light of the circumstances favorable to the defendant, such as the first offender who had no record of criminal punishment prior to the instant case, the fact that the prisons of the defendant wanting to take the wife, and the fact that there seems to have been financial problems between the defendant and the victims.

Considering the above various circumstances, it is reasonable to have the defendant permanently isolated from the society and make the victims and their bereaved family members attend the meeting and live in the mind of committing a crime at the same time. Therefore, the punishment shall be determined like the order.

Judges

The presiding judge, judge and deputy judge

Judges Kim Gin-dong

Judges Kim Jae-sung

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