2016Gohap47 Murder, fluoring structure and fire prevention

Ma○○ (69 - 1) Construction staff of Samsung freezing machines

Housing Yeonsu-gu Incheon Hambro

Gyeong-nam District, Gyeong-nam District

Egresponding (Lawsuits) and Egresponding (Public Trial)

Attorney Kim Sung-soo

May 11, 2016

A defendant shall be punished by imprisonment for 17 years.

Facts of crime

1. homicide;

On January 1, 2016: around 30, the Defendant came to know that at around 30, the Defendant sent a photograph taken from the Defendant’s scam to scam of a woman, a female scam, where he was carrying an elementary school’s entrance and drinking at the inner scam in the south-gu Incheon Metropolitan City, while drinking an elementary school, and the victim Kim○○ (the age of 45) who was going to the Defendant’s entrance at the same elementary school’s entrance of the same elementary school, and was living together with the Defendant’s scam in a sudden cell phone. On the 2th day of the same month, around 00, the Defendant sought the residence of the victim at around 00, 00 ○○○○○○-○○○○○ and 201.

피고인은 위 주거지 거실에서 피해자에게 이를 따졌고 , 피해자가 그런 적이 없다고 발뺌하자 격분하여 손을 들어 피해자를 때리려고 하였다 . 피해자는 이를 피해 주방 싱 크대 위에 있는 식칼 ( 총 길이 31cm , 칼날 길이 19cm ) 을 들고 피고인에게 달려들었고 , 피고인은 피해자와 몸싸움을 하며 위 식칼을 빼앗아 들었으며 , 그러자 피해자는 방 안 으로 피하여 방문을 걸어 잠갔다 .

The Defendant: (a) was able to kill the victim; (b) was able to visit the victim in a way that the victim was fluorly faced with the victim’s body; and (c) was fluort with a mountain blade (27cm in total length, 14cm in length) in the room; (d) was fluort with the victim’s body; (e) was fluort with the victim’s clothes one time with the victim’s arms; (e) was plucked with a mountain blade used by the victim by plucking, plucking the victim’s arms; and (e) was fluoring the victim’s clothes with the victim’s body, such as the victim’s fluor, chest, and clothes, 11 times in total, resulting in the victim’s death due to the prolonged damage caused by fluoring by the victim.

2. Dried building or fire prevention;

The Defendant killed the above Kim○○ at the above time and at the above place, and she spamed with 5 to 6 pieces of tobacco butts on the floor, which were left on the front door, which was fluened on the floor, and got off to the entire house through a string wall, ceiling, etc. attached thereto, and destroyed all of 201 multi-households owned by the upper ○○○○○○○○○, which were used for this residence, such as the above Kim○, and used for this residence.

Summary of Evidence

1. The defendant's partial statement in court;

1. A protocol concerning the examination of suspect against each of the accused by the prosecution;

1. Each police statement on the best ○○ and Kim Il-young’s right to make a statement

1. Report of internal investigation (the first autopsy), investigation report (the process of arresting the suspect), investigation report (the process of arresting the suspect), photographs of the suspect and investigation report (the suspect; and

attached), investigation report (suspect photographs), investigation report (verification of CCTV in a Gacheon Hospital), and request for cooperation in investigation.

and details of medical treatment, report on investigation (the clothes of a suspect, search for abandonment, and search for abandonment), investigation

Report (a criminal suspect's escape, discovery of deadly weapons), photographs, investigation reports (Analysis of monetary details), and investigation reports.

(Attachment of On-the-spot Report and Integrated Results of Identification) An investigation report (as a result of an on-the-spot appraisal);

new) An investigation report (the first response from a knife and a water appraisal with a criminal deadly weapon, etc.)

1. A protocol of seizure (voluntary submission) and a list of seizure;

1. A survey report on actual condition, a report on results of field identification, a meeting for on-site identification of a fire incident, and a report on the results of joint identification;

1. A written result of the autopsy, a written report on the request for appraisal, a written report on the request for appraisal, and a written report on the prosecution (a written report on the results of autopsy, etc. with the bureau);

1. Details of telephone conversations (hereinafter referred to as 'O');

1. Mountainous blade photographs, internal map of the site, map of map around the site and on-site photographs;

Application of Statutes

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

Article 250(1) of the Criminal Act (homicide and Selection of Imprisonment) and Article 164(1) of the Criminal Act

of this section, and the choice of limited term

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Punishment)

(1) Aggravation for concurrent crimes with Korea

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The fact that the Defendant committed murder by willful negligence as stated in paragraph (1) of this Article is recognized, but the tobacco was generated after murder, and there was no yellow dust, and thus, the tobacco butt was abandoned due to no yellow dust. Accordingly, the fire as described in Paragraph (2) of this Article was generated, and the Defendant did not pay part of it for the purpose of destroying symptoms.

2. Determination

A. The subjective element of the constituent element of a crime refers to the case where the possibility of occurrence of the crime is expressed as uncertain and it is accepted. In order to say that there was an incomplete intention, not only is the awareness of the possibility of occurrence of the crime but also there is an intent to deliberate to allow the risk of occurrence of the crime. Whether the actor permitted the possibility of occurrence of the crime is not dependent on the statement of the offender, but also on the basis of specific circumstances such as the form of the act outside and the situation of the act, etc., the possibility of occurrence of the crime should be confirmed from the standpoint of the offender (see Supreme Court Decision 2004Do74, May 14, 2004, etc.).

B. According to the evidence duly adopted and examined by this court, it can be recognized that the defendant committed a fire by setting the fire as stated in Paragraph 2 of the judgment by the willful negligence. Thus, the above assertion by the defendant and his defense counsel is rejected.

1) A fire at the time, time, and place mentioned in Paragraph 2 of the holding was destroyed by a fire from the beginning of a cigarette butt on the floor of a string, after the Defendant was frighted. The fact that a fire can be moved to the floor without properly extinguishing the cigarette but can be moved to the floor is an average general person, and if the Defendant was in the same situation as that of the time at the prosecution at the stage of investigation, it would be impossible for the Defendant to do so.

I think that it would not act, and stated that it would not act.

2) At the time, it appears that the Defendant was placed in very unstable psychological state after the Defendant committed murder. However, as a general sense, recognition of the risk and seriousness of a fire has spread far more broadly and deeply than that of a serious crime or disaster, even if the psychological attitude is somewhat unstable, it seems that the possibility of the occurrence of a fire due to cigarette butts and the possibility of infringing legal interests arising therefrom could have been sufficiently predicted. Furthermore, the Defendant did not leave the brupt site after the murder, but rather leave the brupt site after the murder, and considered how to future by avoiding tobacco in the future. As such, it appears that the Defendant had been a brush at the time of leaving the scene, and that the Defendant was a brupted weapon or the victim’s brush and left the scene.

3 ) 한편 담배꽁초로 인한 화재는 비비거나 밟아서 끄는 등으로 초기에 예방하거나 진압하는 것이 용이하므로 , 평균적 일반인의 입장에서 그로 인한 화재를 회피할 수 있 는 가능성 또한 상당히 높다 . 게다가 피고인은 살해 현장에서 담배를 여러 개비 피웠 음에도 위 현장을 이탈할 때까지는 화재가 발생하지 않았다는 것인바 , 피고인이 처음 몇 차례의 담배꽁초는 제대로 껐다는 추단이 가능하고 , 여기에 앞서 본 사정들을 보태 어 보면 피고인이 당황하여 마지막 담배꽁초만 제대로 끌 경황이 없었다고 보기는 어 렵다 . 그렇다면 피고인으로서는 마지막 담배를 피우고 나서 그 담배꽁초를 버릴 때 , 이 전에 피웠던 담배꽁초와는 달리 제대로 끄지 않았고 , 그렇다면 미필적으로나마 화재의 발생가능성을 인식하면서도 이를 회피하지 아니하고 용인하였음을 추단할 수 있다 .

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 45 years; and

2. Application of the sentencing criteria;

(a) Crimes of murder: Basic crimes;

[Determination of Type] homicide 2 Form 2 (Ordinary homicide)

[Special Convicted Persons] Self-denunciation (Persons mitigated), Destruction of Corpses, cruel Punishment Act (Aggravated Punishment)

[Scope of Recommendation] Aggravation, 15 years or more

(b) Crimes of fire prevention against the suspender building in judgment;

[Determination of Types 1] General Criteria for Fire-Fighting Crimes

【Special Contributors] A large number of victims, a large amount of damage, or damage

cause serious injury to the person (a person under way).

[Scope of Recommendation] Aggravation, 4 years to 7 years

(c) Scope of recommendations according to standards for handling multiple crimes: Imprisonment with prison labor for not less than 15 years;

3. Determination of sentence: Fifteen years of imprisonment; and

Each of the crimes of this case is extremely poor in the nature of each of the crimes of this case, with the victim's horse, dispute, and body fighting with the victim, caused the victim's death more than 13 times or fife at the end of the crime of this case. The crime of this case was committed by thrown away the tobacco butts of the victim's life, and then destroying the victim's life is extremely poor. Human life is the highest legal interest under our society's law and the highest value with dignity. The act of infringing upon the victim's life constitutes the crime of this case, regardless of its reason. Even though the defendant had been punished several times as violent crimes, the victim's dignity was infringed again because the body was seriously destroyed by the crime of this case, and the victim's body was destroyed by the fire of this case. Moreover, the victim's injury was not caused to the victim and the victim's bereaved family members who died on the upper floor of this case due to the fire of this case, and the victim's injury was not caused by the crime of this case.

However, the Defendant voluntarily surrendered the Defendant to commit the instant murder. The instant murder appears to have been imprisoned by the Defendant’s physical fighting with the victim, and that the Defendant’s knife and tried to have knife with each other. The Defendant’s knife the Defendant’s knife and knife the Defendant’s knife with each other. The Defendant’s knife the Defendant’s knife is maintaining a social ties relationship. Such circumstances are considered as factors for sentencing favorable to the Defendant, and the Defendant’s age, character and behavior, environment, and all other factors for sentencing indicated in the records and arguments of the instant case, including the Defendant’s age, character and environment, shall be determined

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Judges Jeong-he

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