2013Gohap39 homicide, homicide, or abandonment of a dead body

2013. Order to attach 2013. 8(Consolidated)

A

Kim Un-su (prosecution), transmission machines (public trial)

Attorney B, C

August 23, 2013

A defendant shall be punished by imprisonment for 13 years.

The request for the attachment order of this case is dismissed.

Criminal facts

1. homicide;

The Defendant lived together with the victim D (n, 56 years of age) and de facto marriage for 14 years, and recently, did not have a good relationship with the victim, disposed of the victim's house and land under the name of his father-gun E in Gangwon-gun E, which was living together with the victim, and divided the price into one half of the price, and committed a Hague promise to do so, but the process is delayed, and on March 9, 2013, the compensation received while holding the funeral hall in the village of the Gangseo-gun, Kangwon-gun, Gowon-gun, which was located in the same house with the victim, was already paid to the FF residents, and became aware that the victim was deprived of about 80,000 won of the compensation and that the victim was killed.

On March 9, 2013, at around 21:00, the Defendant gave money to the victim at the home of the said victim, but the victim did not talk about the said compensation while having been in dispute with the reason that he did not talk about the said compensation, the Defendant took the victim's face at two times due to the having come to the victim's hand, taken the victim's face at several times with his left hand, and her head over several times on the floor by putting the victim's head on the part of the victim's body, and breaking the victim's head at several times under the above necks. The Defendant tried to take the victim's neck so far as it was difficult for the victim to do so, and tried to deviate from the Defendant's hand, and continued to stop the victim's face and the victim's quile until the victim's death stopped.

Accordingly, the Defendant murdered the victim.

2. Abandonment of the dead body.

The Defendant killed the victim as described in paragraph (1) and then laid the victim’s body to another person. At around March 21, 2013, at around 20:20, the Defendant laid the victim’s body and inserted the victim’s body to the back seat of GIst cargo owned by the Defendant, which was set up before the victim’s house. On March 9, 2013, the Defendant driven the above vehicle and loaded the victim’s body to the back seat of the GIst cargo owned by the Defendant. At around 22:0 on the same day, the Defendant, while driving the above vehicle, she laid off the victim’s body to the hH of Gangwon-gun, Gangwon-gun, Gangwon-do, Seoul Special Metropolitan City, by using hand and the above insertion, laid down the victim’s body and the body to cover it with soil.

Accordingly, the defendant abandons the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Statement to J police officers;

1. On March 9, 21:21:31, a report on CCTV, a report on internal investigation (a vehicle mobilecv verification), a verification protocol (excluding the part of the person's statement), and a detailed photograph of the A physical wife;

1. A written autopsy report and a written autopsy and appraisal report;

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) and Article 161(1) of the Criminal Act (the number of concurrent crimes);

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes in the punishment prescribed for homicide heavier than the punishment)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 37 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Death] Ordinary homicide

[Scope of Recommendation] Imprisonment of 9 years to 13 years (Basic Area)

【General Inbounds】 Abandon (Acandon elements)

3. Determination of sentence;

The Defendant, who was in de facto marital relationship for about 13 years, killed the victim at a stroke and stroke on several occasions, and abandoned the body in the vicinity of the mountain, and made a false statement at an investigative agency in the course of the missing investigation of the victim throughout several days.

In light of the dignity of human beings and the importance of life, most of all, they are valuable value and impossible recovery, the relationship between the defendant and the victim, the means and methods of the crime, the attitude of the defendant after the crime, etc., the victim's bereaved family members are deemed to have considerable mental damage in this case, and the victim's bereaved family members are trying to severely punish the defendant, and the victim committed the crime in this case even though the victim has faithfully raised his children who suffered from the front wife, the victim committed the crime in this case where he murdered the victim and abandons the body of the defendant.

On the other hand, the fact that the defendant eventually seems to have led to the confession and reflect of the crime of this case, the defendant did not plan the crime of this case in advance, but rather led to a somewhat contingent and contingent crime, the defendant was punished by a fine of KRW 2.5 million due to the violation of the Road Traffic Act around 1992, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) around 1999, and there is no record of other criminal punishment except for those subject to criminal punishment of around 1 and 6 months.

In addition, the punishment shall be determined as ordered within the scope of the sentencing guidelines in consideration of various circumstances related to the age, character and conduct, the environment and the sentencing of judges, as shown in the records, and the sentencing opinions of judges.

Judgment on the request for attachment order of location tracking device

1. Summary of the request for attachment order;

As for 14 years, the defendant murdered a mountain victim as a matter of money, and the result of the crime is serious, as well as the bereaved family members of the victim, and the family members of the defendant have the criminal records of similar crimes that caused the other driver to die of the other party by leaving the school accident due to a drunk driving. In light of the circumstances leading up to the crime, criminal records, etc., the defendant is likely to recommit the murder crime.

2. Determination,

The claim of this case is dismissed in accordance with Article 9 (4) 1 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, in full view of the following facts: (a) although the defendant murders the victim and abandons the body and commits the crime of this case, the defendant committed the crime of this case in a somewhat contingent and contingent manner during the dispute with the victim living together; (b) there is no record of criminal punishment for the last 13 years; (c) there is no record of criminal punishment for the crime of assault, bodily harm, murder, etc.; (d) the result of the investigation before April 25, 2013 by the Chuncheon Probation Branch of Korea (KORAS-G); and (e) the result of the evaluation of the risk of recidivism in Korea against the defendant as 7 points in total; and (e) the risk of recidivism is evaluated as 11 points in total as the result of the evaluation of the risk of recidivism in Korea as the intermediate level.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

2. Opinions on sentencing

Seven years of imprisonment and three persons;

10 years of imprisonment;

13 years and two persons;

17 years of imprisonment;

3. Opinions on an order to create an electronic tracking device;

7. Dismissal of the full-time detention

Periodical (Presiding Judge)

Long-term Private Telecommunication

Freeboard Kim