2013Gohap225(a) Murder

(b) Injury resulting from special obstruction;

(c) Violation of the Punishment of Violences, etc. Act (a group or deadly weapon;

Violence)

2013. Written order to attach (Joint) 2013.

Persons whose attachment order is requested;

Kim (53 years old, South)

Housing Olsan City

Suwon-si of reference domicile

Choi Jae-man (prosecutions), Kim Jae-man (Public Trial) and Red public oil (Public Trial)

Attorney Kim Young-il (Korean National Assembly Line)

June 4, 2013

A defendant shall be punished by imprisonment for ten years.

The seized blast (30 cm in length), 2 (33 cm in length), 1 kitchen(2 (22 cm in number), 1 kitchen(1 (17 cm in length, 30 cm in number), 1 kitchen(30 cm in number, 17 cm in number) (17 cm in number, 30 cm in number, 30 cm in number, 17 cm in number, 17 cm in number, 17 cm in number, 18 cm in number, 18 cm in color, 18 cm in number, 17 cm in number, shall be confiscated, respectively.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed as stated in the attached Form shall be imposed on the person subject to the request for attachment order.

Criminal facts and the facts constituting the request for attachment order

【Criminal Power】

On October 11, 2005, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for robbery, injury, etc. at the Suwon District Court for six years and completed the execution of the sentence on January 4, 2013.

[Criminal Facts]

1. Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.);

On March 14, 2013: (a) around 10:10, the Defendant demanded that his own children purchase otoba at the Defendant’s residence located in the Sinsan-si, Sinsan-si; (b) however, on the ground that son was disregarding her own without being aware of it, he threatened son Kim (33 years of age) of the victim Kim (33 years of age) who was in his own bank, and assaulted her face and telegraph over several occasions.

Accordingly, the defendant, carrying a deadly weapon, assaults the victim.

2. Injury or attempted murder in special obstruction of performance of official duties;

On March 19, 2013: around 20: the Defendant was able to avoid disturbance by, under the influence of alcohol in the Defendant’s residence as stated in paragraph (1), e.g., destroying goods inside the house, and destroying glass windows.

Accordingly, the police officer of the Sungdong Police Station, who received the 112 report by neighboring residents, was called out to the scene, and the police officer sent out the scene, and the Defendant did so, the Defendant: “The Defendant: (a) died of a frightet; (b) “I do not fright fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of fright of

The above police officers continued to take the kitchen knife on the floor of the kitchen knife which was used by the defendant in order to make the defendant correct the above threat, and then take the knife (16cm in length) and the kitchen knife (21cm in length in length in the knife) which were used by the police officers, respectively, into the knife and the knife in the knife and the knife (21cm in length in the knife) of the kitchen knife which were used by the police officers, and tried to kill the victim by making it possible for the victim to take the knife and the knife in need of medical treatment for about 12 weeks.

Accordingly, the Defendant, while carrying a lethal weapon, obstructed the police officer's legitimate performance of duties concerning crime prevention and maintenance of public order, thereby causing injury to the police officer, and at the same time, attempted to kill the victim.

【Fact of Grounds for Requesting Attachment Orders】

In light of the fact that the Defendant committed murder as above, and has committed many violent crimes several times, and has a tendency to habitually use a deadly weapon and exercise violence against the neighbors, the Defendant is likely to recommit murder.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of Kim Jong-soo;

1. Each protocol of seizure (on-site), the protocol of seizure (voluntary submission), and each list of seizure;

1. A medical certificate;

1. Seized articles, photographs of the scene, on-site photographs, CCTV image materials, seized objects, photographs of the scene of crimes, and other photographs;

1. Previous convictions indicated in the judgment: Criminal records, and current status of personal confinement/admissions;

【Risk of Reoffending】

1. The following circumstances recognized by the evidence and the written investigation before the filing of the claim are as follows: ① The Defendant may have violent criminal records using lethal or dangerous objects even before the crime of this case; ② the Defendant has several knife and used a knife in order to threaten the other party, such as this case’s crime; ③ adult recidivism risk assessment degree (KSAS - G) is high (17 points). The result of the examination of the mental disorder’s selective test (PCL -R) is also assessed as high (27 points). ④ The background and method of the crime of this case, Defendant’s personality and conduct, awareness and attitude toward life, etc. are also acknowledged.

Application of Statutes

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

Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) (a) of the Criminal Act, the former part of Article 144(2) and (1), Articles 136(1) (a) of the Criminal Act (a crime of obstructing performance of special duties), Articles 254 and 250(1) of the Criminal Act (a) of the Criminal Act (the commission of attempted murder and the selection of limited penalty)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Concurrent Crimes of Injury resulting from Special Obstruction of Official Duties and Attempted Crimes of homicide, and Punishment for Crimes of Murder with Severe Punishment)

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes, the proviso to Article 42 of the Criminal Act (the crime of homicide) and the proviso to Article 35 and the proviso to Article 42 of the Criminal Act (the crime of violation of the Punishment of Violences, etc. Act (the crime of violence in group, deadly weapons

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Orders to attach an electronic tracking device;

Articles 9(1)1 and 5(3) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

1. Imposition of matters to be observed;

Article 9-2 (1) 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

The reason for sentencing lies in the police officer's knife knife that the defendant did not know about his knife, and knife knife that the police officer called out to restrain the defendant. The defendant's knife knife knife knife knife for the defendant released from prison, and made efforts to knife the defendant on a regular basis, such as providing him with money necessary for his life and food, but the defendant does not have money any longer, but the defendant's knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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

Judge Lee Jae-young

Judges Park Young-sik

Number of judges exclusive;