208 High Gohap14, 2008 High Gohap185(Joint), homicide, damage to property

A (53 years old, South) and in duty

Kang Jong-dae

Law Firm Han Law Firm, Attorney Han Tae-tae et al.

November 7, 2008

A defendant shall be punished by imprisonment with prison labor for up to 15 years. The 112 days of detention days prior to the pronouncement of this judgment shall be included in the above sentence. One knife (one knife) shall be confiscated.

Criminal History Office

From around 2002, the Defendant knew that he frequently carried out the house because he got out of the overseas service line, and thereby approaching his wife V (the age of 52) and demanded a sexual relationship with money. around 2007, the Defendant: (a) assaulted the victim with the defect that the victim borrowed money to the Defendant in a knife and abused several times; and (b) the victim demanded a sexual relationship while driving away from the Defendant’s knife with the victim who got out of the knife.

1. Damage and damage to property 208 Highest 185;

around 22:05 on June 25, 2008, the Defendant damaged the above vehicle’s main set, tamp, string, left door door door door door door door door door door door door door door door door door door and door door door door door door door door door door door door door door door door door door door door, left side door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door.

2. homicide;

The defendant reported the act of causing damage to the defendant's property to the police and refused to reach an agreement, and thought that it is inevitable to kill the victim.

At around 10:30 on July 18, 2008, the Defendant demanded the victim to write a written agreement with the victim at the "Priju station located in the Suwon-gu, Busan, but the victim refused this request and was in possession of the victim so as to say, "Asan-do, as we do so", the Defendant kills the victim once with a mountain blade (20cm in length, 9cm in length, 9cm in length, fl. 1), and the escape victim killed the victim by driving away from the victim and knife part of the chest part as a low blood shock by the multi-flick.

Summary of Evidence

Omission

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of limited imprisonment), Article 366 of the Criminal Act (the point of causing damage to property, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (aggravating concurrent crimes to the extent that punishment is added up two long-term punishments prescribed in the crime of homicide heavier than punishment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant was at around 2007 after he was the victim and then the victim did not reach the Defendant. For this reason, the Defendant sustained assault, intimidation, and bullying continuously committed the instant crime, and eventually murdered the victim by taking advantage of the knife that he was accompanying the instant crime. Although the Defendant did not seem to have selected the place and time of the instant crime from the beginning, the Defendant did not seem to have selected the place and time of the instant crime from the beginning, the instant crime was committed with frequent vehicle maintenance stations and gas stations with frequent traffic, and the instant crime of this case with a knife cannot be deemed to have been committed merely by contingent, considering that the Defendant did not take any measures to reduce the mental suffering of the victim’s bereaved family after the instant crime.

However, it is decided as per Disposition by comprehensively taking into account the following factors: the defendant is against this law; the circumstances leading to the defendant to commit the crime in this case; the age, character and conduct, environment, and circumstances after the crime in this case; and all the conditions of sentencing as shown in the arguments in this case.

The presiding judge shall be the highest judge.

Judges Cho Jong-tae

Judge Meritorious;