2012 Synthetic411 homicide

조ㅇㅇ ( 55 - 1 ), 이

Seoul Metropolitan Government Housing Guro

Seoul Reference domicile

§ 45 (Public Trial). Iron (Public Trial).

Attorney Cha Ji-ei (Korean National University)

September 26, 2012

A defendant shall be punished by imprisonment for eight years.

A seized kitchen shall be confiscated by one kitchen (No. 1).

Facts of crime

피고인은 피해자 신ㅇㅇ ( 55세 ) 과는 40년 전부터 알고 지낸 친구 사이로, 평소 피해자가 피고인을 무시하고, 모멸감을 주는 행동과 말을 하여 피해자에 대한 감정이 좋지 아니하였다 .

피고인은 2012. 6. 3. 23 : 45경 서울 구로구 ㅇㅇ 동 ㅇㅇㅇ - ㅇㅇ에 있는 ' ㅇㅇㅇ 가요 무대 ' 에 동네 선배들과 술을 마시러 갔다가 위 업소에서 술을 마시고 있던 피해자의 일행과 노래를 부르는 순서로 인하여 시비가 발생하였다 .

After the Defendant prevented the above trial expenses, the Defendant was in the toilet. The Defendant reported the Defendant, and “The victim saw that it was “the same spawn, spawn with the same spawn, spawn, spawn with the same spawn, and spawn with the same spawn, and so called “the spawn with both sides of the Defendant,” with the Defendant’s intent to kill the victim.

In order to kill the victim, the defendant entered the front room of the above business place and found the blade but failed to discover it, and placed excessive (23 cm in total, 12 cm in length, 12 cm in length) placed at the front room by the defendant's house located at a 150-meter radius from the defendant's house and returned to the back part of the business place.

피고인은 위 업소에 돌아와 화장실에 가는 척 하면서 의자에 앉아 있던 피해자의 뒤로 다가가 피해자에게 " 야, 이제 그만하자 " 라고 말을 하며 오른손으로 위 과도의 손잡이를 잡고, 칼날을 아래쪽으로 향한 상태에서 피해자의 왼쪽 등 부위를 힘껏 내리찍어 칼날이 왼갈비뼈 9번 부분을 절단하고 흉강을 지나서 왼쪽 폐 부분까지 들어가 피해자로 하여금 2012. 6. 4. 01 : 11경 ㅇㅇ대학교 ㅇㅇ병원에서 폐 자창으로 인한 실혈로 사망하게 하였다 .

Accordingly, the defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. 증인 정ㅇㅇ, 신ㅇㅇ의 각 법정진술

1. 남ㅇㅇ, 손ㅇㅇ, 지ㅇㅇ에 대한 각 경찰 진술조서

1. A report on the field of violence;

1. A death certificate;

1. Each photograph;

1. Existing kitchens of seized kitchens (No. 1);

1. Each request for appraisal;

Application of Statutes

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

Article 250(1) of the Criminal Act (Selection of Imprisonment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the defendant and his defense counsel's assertion

1. Summary of the assertion

Although the defendant caused the death of the victim in a knife as stated in the judgment of the court, only one of the victims' shoulders was intended to become unusable, and it was not intended to kill the victim.

2. Determination

A. In the crime of murder, the intent of murder does not necessarily require the intention of murder or planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or predictability is not definite, but it is so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, existence of a deadly weapon prepared for the crime, type, method of attack, degree of repetition and repetition of attack, and possibility of causing the result of death (see, e.g., Supreme Court Decision 2006Do734, Apr. 14, 206).

B. Based on the above legal principles, the following circumstances acknowledged by the evidence of the judgment, namely, ① the knife used by the defendant for the crime, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife. ② the defendant knife knife the upper part of the body's left part of the victim's left part, and the defendant cut the victim with the above knife knife knife knife knife at the scene and the police station after the crime of this case. ④ The defendant tried to have knife the victim's knife.

In light of the fact that there is no reason for the victim to have a knife the central upper part of the upper part, such as the left side of the victim, and on the other hand, it is difficult to broom the defendant's knife and knife on the above part because the victim did not resist any resistance at the time, etc., the defendant's knife can be sufficiently recognized as having a knife the victim of murder. Therefore, the above argument is rejected.

The reason for sentencing [the scope of punishment to be sentenced] shall be 5 to 30 years.

[Scope of Recommendation] Murder Group, Type 2 (Murder with Ordinary homicide), Reduction Area (Non-Application of Punishment), Imprisonment with prison labor for not less than six years but not more than ten years

[General Mitigation] Inducing Victims (General Mitigation)

[Determination of Sentence] The crime of this case is very serious to commit the crime of murdering the victim by taking a insulting speech and assault against the victim who neglected his reputation.

In light of the fact that the victim’s bereaved family members suffered a very large mental impulse due to the instant crime, and that the Defendant did not appear to seriously reflect upon denying the criminal intent of murder, and that the Defendant had previously been punished for violent crimes, it is inevitable to sentence a severe punishment against the Defendant.

However, the defendant appears to have committed the crime of this case contingently in the course of disputing the victim, the victim committed assault against the defendant, etc., and the victim's bereaved family members do not want the punishment of the defendant under the agreement with the defendant, and the defendant's age, character and conduct, environment, means and methods of the crime of this case, and circumstances after the crime, etc., as set forth in the text, shall be determined by taking into account all the conditions of sentencing as shown in the arguments, such as the punishment of the defendant.

jury verdict and sentencing opinion

○ A verdict of guilty or not guilty: All the jurors guilty.

○ Opinions on the sentencing

One juror: Imprisonment with prison labor for 6 years;

One juror: Imprisonment with prison labor for up to seven years

One juror: Imprisonment for 7 to 8 years;

Two jurors: Imprisonment for a term of eight years;

One juror: Imprisonment for 8 to 10 years;

One juror: Imprisonment for 10 years;

Judges Kim Yong-hoon

Judges Jeon Sung-sung

Judges Park Sung-nam