2011Written Murder 13 homicide

Park A (55 years old, South)

Mashee

Attorney Doh-ho (Korean)

April 22, 2011

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Criminal facts

피고인은 2010. 11. 13. 22:00경 부부 모임에서 술을 마시고 귀가한 후 부산 강서구 ☆동 ○○○에 있는 피고인의 집에서 처인 피해자 허C(여, 53세)가 부부모임 장소선정 등 그 준비를 제대로 다하지 못했다는 이유로 피해자와 다투었다.

Around 06:40 of the following day, the Defendant, on the ground that he dices alcohol in a state where appraisal is not good due to the foregoing fighting, and dices alcohol from her invasions, and had another dice dispute with the victim. As above, the Defendant, while having been making a dispute with the victim, she tried to kill the victim once with the kitchen knife (20cm in length, 12cm in knife) in a kitchen knife on the singke, while she snife with the victim, she attempted to kill the victim once with the kitchen knife in a knife (20cm in knife, knife in knife). However, the Defendant attempted to kill the victim by having knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to Park C1, Doz.;

1. Each police investigation report (in addition to a letter of full-time visit, relevant to the degree of damage to a victim, and photographs of the degree of injury);

1. 112Report settlement statement;

1. Statement of opinion;

1. Application of each on-site photograph and photographic Acts and subordinate statutes;

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

Articles 254 and 250(1) of the Criminal Act

1. Statutory mitigation;

A. Mitigation of mental illness

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

(b) Reduction of attempted punishment;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Reasons for sentencing: Imprisonment with labor for up to seven months from March to June;

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

[Determination of Punishment] Murder (Attempted homicide), homicides (Murder by Ordinary Mos) 2 (Murder by Special Mos) / (Special Bascs) / (In the case of attempted homicide) / dolusences (including efforts to recover damage) / [Determination of the recommended area] mitigated area / [Determination of the recommended area] mitigated area / [Scope of Punishment / Imprisonment 2 years or 3 years

【General Exemplarys] (Discretionarys) No (Discretionarys) (Discretionarys)

3. Determination of sentence: Imprisonment for 2 years; and

4. Whether to suspend the execution;

【Major Reference Grounds】 (Insignificant References) (Influences) Influences for Punishment (including a serious effort to recover from damage)

[General Reference Grounds] (Unlawful Reference Grounds) Social Sponsive (Influences) Social Sponsive (Influences) and there is no conviction or more than a stay of execution, and the detention of the defendant is accompanied by excessive difficulty to his dependants (as a result of judgment), three years of probation shall be sentenced, comprehensively taking into account the above factors into account.

It is so decided as per Disposition for the above reasons.

The presiding judge, the senior judge;

Judges Senior Byung-in

Judges Kim Gin-ju