2015Gohap386 homicide and attempted murder

A

Doese (prosecutions), grooping, life-sustaining, fingers, fingers, grameseing, and taking-in (trials)

Law Firm B, Attorney C, D, E, F, G

December 11, 2015

A defendant shall be punished by imprisonment for life.

One (No one (No one) fluorce disease (No one) and one (No one (No one) fluorum disease (fluorial plastic paper) fluorum disease) shall be confiscated.

Criminal facts

【Maternal Facts】

Around 1950, the Defendant got married with her husband I after marriage with her husband, frequent conflicts have occurred with her husband who was absent drinking and gambling, and due to the violent tendency of her husband, the Defendant frequently faced with 40 years of marriage with her husband who was suffering from damage to her husband due to a neighboring family due to damage to her husband. While her husband died at around 1994, the Defendant had experienced difficulties in a smooth interpersonal relationship with others due to stress on and violence against the strong pressure environment accumulated for a long time, and decline in her self-esteem, and led to a minor emotional problem that should be caused by her emotional expression or decentralization.

The defendant and the victim J(Y, 86), K (n, 89), L (n, 87 years old), M (n, 73 years old), N (n, 77 years old), E (n, 65 years old) and E (n, 65 years old) were living together in the community center around 14:00 at ordinary times and 17:00.

The defendant and the victims often enjoy the game play at most times in the community center. When the defendant often pointed out that the victim M by means of fraudulent act each time, the victim M was frequently disputed with each other, and there is no relation with other victims who make it difficult for the defendant to do so, so that the appraisal has deteriorated due to frequent disputes with the victims, as long as it was attached to the phrase "I ambly" to the community center.

During that period, the Defendant and the victims met the first day from the community hall located in Q on July 13, 2015 at the time of residence, and provided meals to them, and the Defendant used the first day as in the usual hall, and the Defendant used the second day in the same manner as in the usual hall.

As above, the Defendant, who experienced difficulties in decentralization, was trying to kill the victim M et al., who continued to feel decentralization to the victim M et al. who did not suffer from the dispute. As such, the Defendant had been able to kill the victim M et al. to the other victims who did not know about mar and the ordinary defendant.

【Criminal Facts】

The Defendant knew that the victims enjoy and drink drinking drinking water, such as drinking water in the Pyeongtaek community hall, and completed all of the remaining hours from July 13, 2015 to July 7, 2015, 14:00, the time when the victims were returned home, and mixed with agrochemicals of 1.5L, which are included in 10ml (10ml) ingredients in the above community hall during the period from July 13, 2015 to July 7, 2015, 14:0, in advance, in the above community hall, and are 1.5ml remaining after they are frighted in the air conditioners.

At around 13:09 on July 14, 2015, the Defendant confirmed the victim M's house without any entry, and confirmed that the victim M will enter the community hall. At around 14:20 on the same day, the Defendant had the victims, who are aware of the fact, enter the above company in the community hall, and caused the victims to go out of the community hall, and accordingly, the victim 0 went out of the community hall, the victimJ went out of the hall, and used the face for his own part, and the remaining victims were sprinked and sprinked, and the other victims were sprinked and sprinked. However, at around 15:43, the victim was discovered and the victim was reported and the victim did not make any request for rescue.

Accordingly, the Defendant caused the death of the victim J (Death at around 07:10 on July 15, 2015) and K (Death at around 01:41 on July 18, 2015) by treating the victim due to acute drug addiction(carb), etc., and the victim L, M, N, andO did not commit an attempted crime due to a community resident’s report on 119 first aid workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness R, S, T, U, V, M, X, Y, Y, Z, AA, AB, and AC;

1. Each prosecutor's statement made to AD, AE, AF, AG, AH, AI, and AJ;

1. Each protocol of seizure and the list of seizure;

1. Report on internal investigation (including attachment of a photo, attachment of a photo, attachment of accompanying data, attachment of accompanying data, investigation report [including attachment of a photo, attachment of a photo, attachment of a photo, attachment of a photograph of a suspect)], investigation report (including attachment of a photograph of a seized object (including attachment of a photograph of a suspect), investigation report (including attachment of a photograph of a pesticide at the time of committing a crime), report on investigation (as for the discovery of a pesticide disease in the course of a seizure), first aid worker dispatched at the scene and 119 first aid vehicles), investigation report (as for the first aid worker dispatched at the time of the search), investigation report (as for communication analysis of A), investigation report (including attachment of a photo, attachment of a photo), investigation report (including attachment of a photo, attachment of a photo, attachment of a report on investigation (including attachment of a cell phone report), attachment of a criminal investigation report, attachment of a statement of a child and a witness to A (as for notification of an investigation) investigation (including attachment of a photo of a suspect), attachment to the investigation report, attachment of a summary, etc.

1. A report on the situation, a copy of emergency medical services log, a dispatch order, an emergency medical services log, and a detailed statement of the case to be reported in 112;

1. On-site photographs, gambs photographs inside the suspect's residence, site photographs at the time of the second structure, photographs at the time of arrest and seizure of his/her residence, photographs at the time of search and seizure of his/her residence, field drawings at the time of search and seizure of his/her residence, photographs at the search and seizure site drawings, ambulances records, CCTV screen pictures taken by the suspect, seizure photographs, black stuffs image pictures, design drawings (Evidence No. 325 Nos. 325 in the list of evidence), and

1. Request for the appraisal of poisonous substances and a reply thereto, a written diagnosis, a death request, a written diagnosis (K), a medical certificate (K), a diagnostic report, a medical certificate (M), a bureau and a questioning report, a report on the result of field identification (including the current status of evidence, identification matters, and field photographs), a list of appraisal objects (Evidence No. 213), a table of appraisal requests (Evidence No. 94, 217, 219, 223 through 228, 407 through 409, 530, 563), a table of appraisal requests (Evidence No. 94, 219, 223 through 228, 407 through 409, 54, and 563), a written appraisal request, a written appraisal request, a written appraisal report, a written appraisal report, a report on the results of the appraisal, a report on the results of the appraisal, a list of questions and evidence No. 1541,515,563);

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

It is true that the defendant was living in a village with victims for not less than 30 years, and left the village hall. However, there is no fact that the defendant has mixed 'Meak', which is an agrochemical in the cooling house in the village hall, and there is no fact that the defendant has mixed 'Meak', and there is no fact that there is no 'Meak' mixing 'Meak' with the victims.

2. Determination

Considering the following facts admitted by the evidence duly adopted and investigated by the court, the court can be recognized that the defendant attempted to kill or kill victims by mixing pesticides with the criminal facts, such as criminal facts.

1) The victims seem to have died due to the reading action of the 'Mebastide', which is the Kabastideide, and to have sought the life of the Habastide. There is a death that is being closed at the scene of the instant crime, and the 'Meastide' composition was detected in the above disease.

2) Park Kassk’s disease (Evidence 1 seized) and Dong Mesk’s disease (Evidence 6) were found in the Defendant’s residence. At the same time, Gasks’ disease was detected in Dong Mesk’s pesticide disease (Investigation Records 593, 1,762), and the above Gas’ disease was the same manufacturing number and valid period of 9 Kask’s disease and 40 households other than the Defendant’s residence, which were found in the Defendant’s residence. An investigative agency searched 40 households other than the Defendant’s residence at the time of permanent stay, but the same Gas disease was not discovered (Investigation Record 3,411 pages).

3) At the time of the victim's addiction to the "Membane", the victim's name and seven parts ( wide range of parts, such as the part of Matagun, the left part, the part of the part, the part of the part, the part of the part, and the part of the part) suffered by the defendant, and all of the "Membane" were detected in the part of the defendant's community hall on board and the part (the part, the body part, and the part), and in the part of the stick directly used by the defendant in his residence (the investigation record No. 1,762, 1,781). This is recognized as being by the "Membane" where the victims were the victim's life.

4) The defendant asserts that the defendant's 'Memorine' was detected in his clothes, etc. from the scene of the crime that he was suffering from the crime of 5', and asked the victims addicted to agrochemicals on clothes and hand, and that 'Memoride' was also detected in the previous and present stick (5 pages). However, according to the inquiry of the National Institute of Scientific Investigation, if the victims were used in the community hall, 'Memoride' was not detected in the previous and present portion (5 pages) and 'wemoride' of the defendant's 7 'wemoride' should be detected in the above 'Memoride of the victim' rather than 'Memoride', and if the victims were found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been 7 'Imoride.

5) 피고인은 이 법정에서 0의 분비물을 휴지로 닦아주었고 흠뻑 젖은 그 휴지를 그 상태로 피고인의 7부 바지 주머니에 넣었으며, 그 상태로 경찰 조사를 받은 후 피고인의 주거지에 돌아와 버렸다는 취지로 진술하여 그러한 과정에서 피고인의 옷(특히 7부 바지의 주머니 부분 등)과 전동차, 지팡이에 '메소밀'이 묻었을 가능성을 주장하고 있으나, ① 피고인은 수사기관에서는 언급이 없다가 이 법정에서 처음으로 0을 닦아 준 휴지를 7부 바지 주머니에 넣은 후 집에까지 가져와 버렸는데, 구체적으로 어디에 버렸는지는 모르나 변기에 넣고 물을 내렸을 것 같다는 취지로 진술한 점, ② 다른 사람의 입에서 나온 분비물을 닦아 휴지가 흠뻑 젖었음에도 이를 버리지 않고 자신의 바지 주머니에 넣어 둔 채로 있다가 상당한 시간이 흐른 뒤 집에 돌아와서야 이를 버렸다는 것은 이례적으로 보이는 점(피고인은 0이 구호된 후 마을회관 안으로 들어갔으므로, 마을회관 안에서 충분히 휴지를 버릴 수 있었다), ③ 0의 분비물을 닦아 주었다면 피고인의 7부 바지 주머니 안에서 메소밀과 0의 유전자가 함께 검출되어야 함에도 이의 유전자는 검출되지 않은 점(수사기록 1,797면), ④ 피고인은 0이 119 구급차에 실려갈 때까지 계속 0을 닦아주었고, 0이 119 구급차에 실려가는 것을 보고 마을회관 안에 들어갔다고 주장하나(피고인의 법정 진술, 수사기록 3,168면), 이는 당시 119 구급차가 마을회관에 도착하여 0을 구조하던 객관적 상황과 일치하지 않는 점 등에 비추어, 피고인의 이 부분 진술도 수긍하기 어렵다.

6) At the time when the victims were addicted to the "Meak", X reported to the effect that X 0 was out of the body in the front of the entrance of the community center, and that X 0 was out of the body of the front of the entrance of the community center, and that it was able to find out that the food poisoning accident that occurred before and after the opening of the community center was about 200 square meters from the front of the community center, and that it was about 0. However, although the defendant knew about the situation of the community center, it was about 0, it was stated to the effect that "the defendant was out of 0......"

On the other hand, the defendant, when 119 first responds to the 0th of the arrival of 119 first responds to the misunderstanding that there was no other victims other than the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 0th of the 119 first of the 19 first of the 19th of the 19th of the 19th of the 19th of the 19th of the 0th of the 0th of the 19th of the 19

Furthermore, the Defendant did not report to 119 to rescue the other victims for about 50 minutes after the salvage and did not attempt to know about the emergency situation in the community center to other persons (the Defendant asserted to the effect that he/she may file a 119 report using a mobile phone, but the Defendant’s mobile phone number is not large in the Defendant’s mobile phone, but all phone numbers are discovered, and the Defendant stated that he/she will divide the phone number when using a cell phone in this court. In light of the fact that the Defendant stated that he/she will use a cell phone number, it is difficult to believe it as it is).

7) As to the reasons why the Defendant did not request the victims who were within the community center at the time of 0 rescue operations and thereafter, the Defendant asserted that X reported the 119 emergency situation to the other victims who were within the community center did not request the rescue operations. However, the Defendant’s assertion that X (the Defendant did not talk about the situation within the community center to X at the time) who did not know of the situation within the community center was expected to make a request for the rescue operations for the victims within the community center is difficult to accept.

또한 피고인은 마을회관 안에 있던 피해자들이 자는 것으로 알고 있어 추가적인 구조요청을 할 수 없었다는 취지로 주장하고 있으나, ①0 0은 K 다음으로 '메소밀'이 함유된 사이다를 마셨다고 진술하고 있고, 다른 피해자들도 비슷한 시기에 사이다를 마섰을 것으로 추측할 수 있으므로, 0이 '메소밀'이 함유된 사이다를 마신 후 증상이 발현된 시점에는 다른 피해자들도 입에서 거품이 나오고 땀이 흠뻑 젖어 있는 등의 같은 증상이 발생했을 가능성이 크다고 보이는 점, ② 0은 당시 피해자 J, K 등과 함께 감자를 깎은 후 감자를 삶는 동안 화투를 치려고 하였고 자신이 부엌으로 가 깎은 감자를 물에 씻고 있던 상황이라 그동안 다른 피해자들이 모두 누워 잔다는 것은 있을 수 없다는 취지로 진술한 점, ③ 마을회관 안의 피해자들이 발견될 당시 입 주위에 거품이 있는 채로 베게도 없이, 다른 피해자의 발 부위에 머리를 두고 누워 있거나, 틀니까지 빠진 상황이었던 점 등에 비추어, 자는 줄 알았다는 피고인의 주장은 당시의 객관적 상황과는 일치하지 않는 것으로 수긍하기 어렵다.

Moreover, even according to the Defendant’s assertion, the Defendant’s assertion is difficult to accept in light of the following: (a) when the Defendant re-enters into the community center, the victims who were in the community center were considered not to have been able to go out of the community center and not to have been able to go out of the community center; (b) many opens were known, and (c) in such circumstances, the village head entered the community center as well as the victim’s situation and reported it to the victim, and (d) the Defendant was without any request for rescue.

8) The Defendant heard that 0 did not take place, and the first time confirmed the site of the community center that 0 did not take place, and confirmed the cause of the victims’ writing to the head of the village center. The Defendant correctly identified the cause of the victims’ writing out within the community center (the Defendant asserted that R did not speak that R was dead at the time of the prosecutor’s investigation; however, the Defendant asserted that R did not speak that she was dead at the time of the investigation by the prosecutor, but the Defendant asserted that R would make a false statement; however, the Defendant was able to promptly report R’s hearing to the effect that she was used for drinking water and used for drinking water and secure a private disease at the scene of the instant crime at the investigative agency.

9) The Defendant stated that all victims have made efforts to rescue, such as washing away rains, etc. of all victims. However, the CCTV photographs of the 119 first-aid vehicle were found to be far away from 0 being used by the Defendant, and all witnesses, such as X, R andN, who were in the community center after the salvage, did not deem that the Defendant is engaged in relief activities.

statement is made.

10) In full view of the following facts: (a) the Defendant’s name and seven parts of the seven parts; (b) the victim’s genes were detected as a direct cause of damage to the victims; (c) the victim’s genes could be excluded from the Defendant’s assertion as to the detection of the meine in his clothes, etc., without any reasonable doubt; (d) the Defendant’s discovery of the meine meines where the meine meines were detected in the Defendant’s residence; (e) there was a death of ambscicks; and (e) there was detection of meine me me me mescophs; and (e) the Defendant’s assertion on the detection of mes, relief of victims, and request for rescue do not coincide with the objective situation, it can be recognized that the Defendant committed the instant crime like the crime.

Application of Statutes

1. Article applicable to criminal facts;

Article 250 of the Criminal Code, Articles 254 and 250 of the Criminal Code ( point of attempted murder)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment specified for murdering against K with the largest punishment of a crime or offense)

1. Selection of punishment;

Selection of life sentence

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of legal applicable sentences: life imprisonment;

2. Determination2 of sentence: Murder for life is a serious crime in which the result is very serious and there is no way to recover damage due to the act of taking life of a person, which is an absolute value to be protected, as much as it is impossible to alter what is, and in any case, the life of a person being an absolute value to be protected.

The Defendant’s crime of this case was committed by murdering two victims in a long time village with the Defendant and attempted to kill four victims and attempted to kill them, and the crime was very heavy. The Defendant prepared to commit a crime and attempted to put them into death, and the victims who do not know of the opportunity to rescue other victims during 119. While the victim was rescued in 119, the Defendant, in the process of rescue at 119, did not come to the front of the community hall. As a result, two victims were killed, and the remaining victims died, and the victim died, and the victim died, and the victim remains dead. In this process, the Defendant did not report to 119 or request other persons to provide relief, and the Defendant did not leave the opportunity to rescue the community hall in the process of rescue at 119. In the end, the Defendant failed to rescue the community hall of this case.

The crime of this case led to a serious result of sacrificeing the lives of the victims. This is not only an irrecoverable damage in itself, but also the bereaved family members of the victims are suffering from a serious mental suffering that cannot be recovered during their life due to this case. Nevertheless, the Defendant did not take any measures to recover from mental harm. The village where the Defendant and the victims were living together due to the crime of this case seems to have caused the collapse of the community, which makes it difficult for the victims to believe, under the suspicion of each other.

After committing the instant crime, the Defendant had changed his assertion from the investigative agency to the court from time to time, and had shown an attitude of not entirely against the instant crime.

In full view of such circumstances and other circumstances as the motive and background of the instant crime, the circumstances after the instant crime, the attitude of the Defendant, and the jury’s opinions on sentencing, there is a need to permanently isolate the Defendant from our society. Therefore, the sentence is determined as above.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7 "guilty of only a full-time jury"

2. Opinions on sentencing

Jurors 7: Life imprisonment;

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

The presiding judge, judge and clerk;

Judges Kim Jong-il

Judges Nam-young

1) (Pabricide in Kabrates Highly Pesticide) Capacity of Gabamers 1 disease (100ml) may contain not less than 24 g mersion. It is a quantity which results in the death of five persons, among 50 km adults.

2) With respect to the ordinary concurrent crimes, no separate sentencing criteria are set.