2018 Gohap78 homicide

A

Kim Jong-won (prosecutions) and Lee Jae-chul (Trial)

Attorney B (Korean National Assembly)

May 11, 2018

A defendant shall be punished by imprisonment for twenty-five years.

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

Criminal facts

On December 2017, the Defendant was aware of the victim C (nive, 49 years of age) who was working in a singing singing singing room in 2015, and the victim was born with his knowledge from December 2017 to "the reason why the Defendant was informed of the relationship with other male customers", resulting in the Defendant's contact with the other male customers.

Around 14:00 on January 4, 2018, the Defendant had one knife (20cm in blade length, 33cm in length, and 1) that was purchased and kept in advance, and had been killed in the vicinity of the Jongno-gu Seoul apartment where the victim lives, but did not met. The Defendant agreed to keep the victim in contact with the victim at around 15:45 on the same day at the “F in Jongno-gu Seoul E.

At around 17:20 on January 4, 2018, the Defendant demanded knife the knife in possession of the knife in the left retail and maintained the relationship with the knife himself. However, the victim demanded knife that 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 knife knife knife knife knife kn's knife knif.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. Each police statement to I, J, and K;

1. The police seizure record and the list of seizure;

1. Each investigation report and intrusion document (No. 3, 5 through 12, 19, 20, 23, 24, 26 through 28) 1. Each CCTV video CD (No. 14, 21, 22)

Application of Statutes

1. Article applicable to criminal facts;

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

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

At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

2. Determination

According to the evidence above, the defendant testified to the effect that from January 4, 2017 to about 15 minutes before the crime of this case, "L in Jongno-gu, Seoul." However, the defendant testified to the effect that "the defendant has a knife with a knife prepared in advance and has a knife immediately before the commitment time," "the defendant does not have a knife with a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife a knife."

1. Reasons for sentencing: Imprisonment with prison labor for not less than 5 years and not more than 30 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Types 2 (Ordinary homicide)

[Special Aggravations] - Aggravations

Planned homicide

[Determination of Recommendation Area] Aggravation

【Scope of Recommendation】

Not less than 15 years to not more than 30 years (the choice of imprisonment for a limited term has been made, and only the recommended punishment concerning the limited term shall be considered).

3. The life of a person determined to be sentenced is the origin of human dignity. As such, there is an absolute existence that cannot be altered in what is the world. Our law protects the life of a person who is the most valuable value as the highest legal interest. An act infringing on it constitutes a serious crime that cannot be absolutely acceptable, regardless of its reason.

According to the inquiry report on criminal records and other criminal records, investigation reports (comprehion of judgments), each judgment, previous rulings, and the report on results of confirmation, etc., the defendant was sentenced to the suspension of the execution on May 18, 2016 to two years after being sentenced to the suspension of the execution on the grounds of special injury in the previous Jeju District Court's military mountain support on May 26, 2016, and was sentenced to the suspension of the execution on May 26, 2016, and was sentenced to the imprisonment of four years for the crime of injury in the same court on May 12, 203 and 26.

As above, the Defendant had a history of punishment for causing the death of a person by his own act, and was under suspension of the execution due to a special injury, but was planned to commit the instant crime. The Defendant planned to kill a victim solely on the ground that the victim talks with the victim, and avoided the Defendant. The Defendant, as seen from a store with many people, knife the victim and then died again on several occasions.

The Defendant, while memorying most of the circumstances before and after the commission of the crime, argued that it is difficult to understand that only the situation at the time of the commission of the crime is not memory, and focused on the Defendant’s statement from the investigation agency to the court, and the Defendant’s statement of fluence and fluence. In full view of the Defendant’s legal speech and behavior, including these points, the Defendant does not seriously reflect the crime

The Defendant stated to the effect that most of the money was given to the victim and it was good for the victim to believe that he would marry in several years, and the victim was a contingent crime of this case. However, as seen earlier, considering that the Defendant committed the instant crime in a planned manner, all the materials including the witness H’s statement and recording book, etc., it cannot be deemed that the Defendant and the victim have seriously disturbed. The Defendant and the victim continued to commit the instant crime while she avoided the Defendant’s house, and the victim got her back with the Defendant’s house, only can it be recognized that the instant crime was committed while she avoided the Defendant’s house. Even if the circumstance alleged by the Defendant is recognized by way of a concession, it cannot be considered as a reason that she did not kill another person on the ground that he did not take part in the Defendant’s unilateral appraisal, and the circumstances cannot be considered as favorable to the Defendant.

Before reaching the commission of the instant crime, the Defendant also threatened the victim and his/her dependants to harm the victim’s and his/her dependants if he/she did not hear his/her speech. As a result, the victim’s wife is not only deprived of the victim’s loss and decentralization, but also has emotional difficulties due to fear of fear. The victim’s bereaved family members want strong punishment against the Defendant.

Other factors of sentencing, such as the age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, and circumstances after the crime, shall be determined as ordered in comprehensive consideration.

The presiding judge, the Full Judge Line

Judges Kang Jin-han

Judges Do Residents-ho