2015Gohap 590 Murder

2015 Gohap615 (Joint) Violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)

(Assaults) recognised Special Violence (Specific Violence)

2016. Written order to attach (Joint) the device

2016 early 235 (Joint Probation Order) Probation Order

A person whose attachment order is requested, or a person whose probation order is requested;

○○ (61 - 1), private parking agency

Resident Jung-gu in Incheon

Reference domicile Manam-si

Kim Jong-won (Public Prosecution), Cho Jong-sung, and Profit-making (Public Trial)

Attorney Kim Jong-sung

March 24, 2016

A defendant shall be punished by imprisonment for three years.

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

Search and Seizure (Seizure No. 1), one kitchen, one kitchen (Seizure No. 2) and one knife (Seizure No. 3) respectively.

shall be confiscated;

All requests for the instant attachment order and probation order are dismissed.

Criminal facts

[2015Gohap590]

Defendant and the person subject to a request for an attachment order, and the person subject to a request for a probation order (hereinafter referred to as Defendant hereinafter referred to as “Defendant”) are persons operating a private parking agency in the name of “○○○” on the third floor of the Incheon International Airport located in Jung-gu Incheon International Airport. The victim ○○○ (the age of 48) is a person operating a private parking agency in the name of “Ibre” in the middle of Incheon International Airport.

The defendant did not join the Incheon International Airport Private Parking Association but run the parking agency business with the victim who is a director of the above cooperative. On March 18, 2015, the defendant was found in the victim's office as stated in the "2015 Gohap615 criminal facts", and the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

On September 24, 2015, at around 06: 00, the defendant's house located between South and North Korea, Jung-gu, Incheon, 181-ro, "the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife.)."

On the same day: 09: around 35, the Defendant discovered a victim who was in the vicinity of the parking agency business immediately after stopping the said vehicle on the automatic entrance door No. 12th of the Incheon International Airport passenger terminal, and used a scar and the kitchen in the above-mentioned knife and the kitchen in the front of the victim, and kept the kitchen in the back of the kitchen, but the above kitchen 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 knif.

After all, the Defendant attempted to murder the victim as above, but did not commit an attempted crime but did not commit an injury to the victim, such as the injury to the reputation of the following arms, which requires approximately 14 days of treatment.

【2015 Gohap615】

On March 18, 2015, the Defendant: (a) around 09:0, at the office of the victim located in Jung-gu Incheon Metropolitan City Dong-dong, the Defendant used a knife knife knife with the victim, who was frequently engaged in parking business, without joining the cooperative of private international airport parking companies located in Jung-gu Incheon Metropolitan City, and carried out a knife knife, which is a dangerous thing for the victim, and used a knife knife twice as a knife knife to the victim.

Summary of Evidence

[2015Gohap590]

1. Defendant's legal statement;

1. Statement of each police statement on ○○, ○○ and ○○;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. The screen of a CCTV image closure and damaged part of the photograph;

【2015 Gohap615】

1. Defendant's legal statement;

1. Statement of the police statement concerning ○○○;

1. On-site photographs;

1. A report on investigation;

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act (the charge of attempted murder and the choice of limited imprisonment); Article 261 of the Criminal Act;

Article 260 (1) (Aggravated Punishment and Selection of Imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Punishment)

(Aggravated Punishment)

1. Statutory mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering Conditions favorable to the Defendant among the following grounds for sentencing)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty years; and

2. Application of the sentencing criteria;

A. Crimes of murder;

【Determination of Type】

Murder and homicide (Attempted homicide)

【Special Convicted Persons】

- Aggravations: planned murdering

- Reduction element: Minor injury (in the event of attempted injury) and penalty, non-conformity (in the event of efforts to recover damage)

(including)

【Determination of the Place of Recommendation】

Reduction Area

[Scope of Recommendation Form]

From two years to eight years of imprisonment;

* Inasmuch as the crime of murder is the crime of murdering, the lower limit of sentence range is 1/3, and the upper limit is 2/3, respectively.

【General Adopteds】

- Mitigation elements: Inducing victims (general)

【Suspension of Execution】

- Major reasons: negative

Planned homicide

- Major reasons: positive

Insignificant injury (including non-injury), No penalty shall be imposed (including efforts to recover damage).

- General participation reasons: negative

Carrying Dangerous Articles

- General participation reasons: positive

Clearly, social ties, serious reflections, and inducing victims (general)

(b) Special assault;

【Determination of Type】

Violence Crime Class 6 (Habitual, Cumulative, Special Violence)

【Special Convicted Persons】

- The factors to mitigate: the source of punishment (including serious efforts for the recovery of damage) or a substantial part;

case of recovery;

【Determination of the Place of Recommendation】

Reduction Area

[Scope of Recommendation Form]

From April to February of imprisonment;

【General Adopteds】

- Aggravations: planned crimes

- Mitigation elements: Serious reflect

【Suspension of Execution】

- General participation reasons: negative

Criminal records of two or more suspended executions;

- General participation reasons: positive

Clearly, serious reflection of social ties

(c) Scope of final recommendations according to the standards for handling multiple crimes;

The aggravated total of crimes (the upper limit of crimes + the result of the upper limit of crimes 1/2): Imprisonment for 2 years to 4 months to 8 years;

July;

3. Determination of sentence: Three years of imprisonment and four years of suspended execution; and

On September 5, 2002, the Defendant was sentenced to the punishment for ten months in the previous calendar calendar year by violating the Punishment of Violences, etc. Act at Suwon District Court on September 5, 2002, and on September 7, 2006, sentenced to the punishment for ten months in violation of the Punishment of Violences, etc. Act (a group or injury caused by deadly weapons, etc.) by carrying a deadly weapon or other dangerous articles, and has been repeatedly punished several times for committing the crimes of inflicting an injury by repeatedly committing the crimes. Nevertheless, the Defendant, who was tried to kill the victim with three knife, a deadly weapon, while being tried for this reason, and committed the attempted crimes with three knife while carrying a deadly weapon, which is a deadly weapon, and thus, the Defendant committed the attempted crimes. Therefore, any other severe punishment corresponding thereto is inevitable.

However, the defendant reflects the wrongness of the defendant, and the victim does not want the punishment of the defendant, the victim is relatively minor, and the victim seems to have given considerable disadvantage to the parking agency business of the defendant in the superior status than the defendant. The defendant's punishment shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., and the execution thereof shall be postponed.

Judgment on the request for attachment orders and probation orders

1. Summary of the request;

A person who commits a crime of attempted murder as stated in the facts of the crime committed by the Defendant is highly likely to recommit the crime of murder in consideration of the circumstances and methods of the crime, and the military force of the Defendant.

2. Determination

The Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as the "Act on the Electronic Monitoring, etc.") provides that a court shall dismiss a request for an attachment order and a request for a probation order when the court issues a suspended sentence on a specific crime case including murder (see Articles 9(4)4 and 21-8).

In the case of this case, as seen earlier, the court rendered a suspended sentence on the crime of attempted murder, which is a specific crime case, and thus, should dismiss the request for the attachment order and probation order of this case in accordance with the above legal provisions.

3. Conclusion

Therefore, the claim for the attachment order and the probation order of this case is without merit, and thus, they are dismissed in accordance with Articles 9(4)4 and 21-8 of the Electronic Device attachment Act.

Judge Long-term Judge;

Judge Lee Lee-soo

Judges Kim Jong-tae