2018Gohap374(a) homicide

(b) homicide;

1. (a) A;

Residence

Reference domicile

2. (a) B

Residence

Reference domicile

Gangwon-ju (Public Trial), Jeonsese, and Yellow (Public Trial)

Law Firm Down (for the Defendants)

Attorney Choi Ho-young

April 5, 2019

Defendant A shall be punished by imprisonment with prison labor for five years and by imprisonment for three years.

Seized evidence 1 to 7 shall be confiscated from the Defendants.

Criminal facts

The defendants are married, simplified, victim Kim ○ (year 9), victim Kim ○ (year 7), victim Kim ○ (year 7) and victim Kim ○-type (year 7). The defendants are children of the parents of the defendants.

While the Defendants had experienced economic difficulties due to Defendant A’s business failure for about two years before December 11, 2018, the Defendants got a police investigation on the case accused by the investors of the Defendant A around December 11, 2018, the Defendants died of the remaining children in a way that they thought no longer wished to be exempted from the police, and conspired to commit the accompanying suicide.

On December 12, 2018, Defendant A, according to the above conspiracy, purchased ethyl 7 conditions at a nearby pharmacy on the same day with a prescription of ethyl 7 years, which is a water surface leading agent, and prepared in advance by purchasing ethyl 5 conditions with ethyl flus and butane gas.

On December 14, 2018, the Defendants used the aforementioned conspiracys to move to the implementation thereof, followed the victims, provided meals, returned to 00 apartment 00 ○○○○○○, Seoul 00, the Defendants’ residence to the victims, and returned to 22:0 on the same day, Defendant B, at around 22:00, mixed the victims with 2 notice of water exemption prepared in advance, as above, with the victims, was humbly prevented, and the victims were dumped, and the Defendant was humped and humped on December 15, 2018: around 00, at around 15:00, the victims were locked and 3 bombombs and bombs were added to the victims, and it was difficult for the victims to bump and bume tape.

After December 15, 2018, the victim Kim Jong-ok opened an inner door and moved to a ward on the same day: 15: around 28: around 28, Defendant B shouldered, kid from the victim Kim Il-sung Co., Ltd., and reported to 119 on play, but the victim Kim Jong-sung was already dead due to the addiction of the U.S.carbon, and the victim Kim Jong-ok was dead due to the victim Kim Jong-ok's death due to the flusium addiction, and the victim Kim Il-ok was the victim Kim-ok.

In Germany, they were transferred to a hospital and received treatment in the number of days of treatment.

As a result, the Defendants conspired to murder the victim Kim-○ and attempted to kill the victim Kim-○ and the victim Kim-○.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Seizure records;

1. A written autopsy and appraisal;

1. A report on the occurrence of a disaster (explosive death) and an on-site photograph attached thereto;

1. A report on internal investigation (a report on results of field identification and results of autopsy accompanied by records);

1. An investigation report (the confirmation of the whereabouts of victims, a certified copy of the suspect's resident registration and family relation certificate);

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Defendants: Articles 250(1) and 30(1) of the Criminal Act; Articles 254, 250(1), and 30( point of attempted murder) of the Criminal Act

1. Commercial competition;

Defendants: Articles 40 and 50 of the Criminal Act (Punishments imposed on homicide with the largest punishment)

1. Selection of punishment;

Defendants: Determination of limited imprisonment

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)

1. Confiscation;

Defendants: Reasons for sentencing under Article 48(1)1 of the Criminal Act

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for 5 years to 30 years;

B. Defendant B: Imprisonment of two years and six months to fifteen years;

2.In the case of commercial concurrent crimes, the sentencing criteria shall not apply.

3. Determination of sentence;

(a) Defendant A: Imprisonment for 5 years;

(b) Defendant B: Imprisonment for three years;

Despite the fact that the Defendants were responsible for raising victims healthy, they did not leave the victims' lag, resulting in the death of victims lag Kim○, which is not only seven years old, and attempted to kill the victims lag Kim○ and Kim○. There is no doubt that these acts go against humanity. Since the life of a person is the most respected value that the State or society should protect the human body, an act of infringing upon it cannot be used for any reason, and it is not reasonable for any reason because the murder of a child who has yet to live properly in the world while attempting to commit suicide or commit suicide with the human body of the victims was caused by the wrong perception that considers the children as his own property. It is highly necessary to strictly punish the Defendants' acts to prevent the act of killing his or her parents or attempting to kill them.

However, the defendants were unable to take advantage of their economic difficulties, resulting in extremely leading to the crime of this case, and the defendants had suffered a large amount of collapse from the death of the victim Kim Il-sung, and will live in a sense of responsibility and meeting for the crime. The defendants still need to receive support from their parents at the age of her old age, the number of surviving victims Kim ○, and the number of Kim ○-soo, and the number of the defendant Kim Jong-sik-type still need to be supported by their parents. In the case of the defendant Eul, the defendants voluntarily reported the crime of this case to 119 after the crime of this case, and attempted to provide relief to the victims, and the defendants' age, character and behavior, degree of participation, and circumstances after the crime of this case, etc. shall be determined as ordered by the text of the judgment, taking into account all the sentencing conditions specified in the arguments of this case, such as the crime of this case.

judges of the presiding judge;

Judges Choi Sung-sung

Judges Mung-chan