2014Gohap204 Attempted homicide : Act on the Punishment of Violences, etc.

In violation of the rate (injury by Group, Deadly Weapons, etc.) and the punishment of violence, etc.

Violation of Korean law (Person Prone to Offense)

fixed (62 - 1) - Macles

Seoul Residence

Kim Jong-Un (Lawsuits) (Courtrooms) and Abandon (Courts)

Law Firm Taesan, Attorneys Sung Chang-chul et al.

December 22, 2014

A defendant shall be punished by imprisonment for not less than one year and six months.

excessive, seized (No. 1), one knife (No. 2) shall be confiscated, respectively.

Criminal history room (criminal history)

On May 16, 2013, the Defendant was sentenced to a suspended sentence of three years and six months in Seoul Southern District Court on the grounds of indecent act by force, etc., and the said judgment became final and conclusive on the 24th of the same month and is still in the grace period.

[Criminal Facts]

The defendant is a driver of a 5 ton excavation season, and the defendant has weak ability to discern things or make decisions due to a man's illness.

1. Violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.;

On May 15, 2014, the Defendant retired from the victim Kim-○ ( South and 36 years of age) who was a field manager in the construction site of an apartment building in front of the Seoul Guro-gu Seoul Metropolitan Building on the following occasions: (a) intending to work for the following reasons: (b) Ga’s criticism, and (c) Ga’s on-site work.

Since then, on May 16, 2014, the defendant thought that he was insulting by her age victim, did not see the sound, and around 08:0 on May 16, 2014, the defendant operated the excavation machine at the construction site of the above apartment building and discovered the victim from the place. On the ground of the dangerous object, the defendant laid off the buet, which is a cacker (a device carrying the buet at the end of the cacker, with soil, sand, coal, gravel, etc.) by putting the victim's head into contact the head part of the victim, thereby making it difficult to identify the days of treatment for the victim.

2. Violation of the Punishment of Violences, etc. Act (the person committing the crime);

The Defendant put one of the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the defendant carried dangerous objects that are likely to be used for crimes under the Punishment of Violences, etc. Act without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness Kim 00 and Ma00;

1. Each scoof photograph, seizure report (voluntary submission), seizure list, kniff photograph, each medical certificate, victim's photograph, medical record certificate, and investigation report (a statement attached to the records of medical examination and treatment of the victim);

1. Mental appraisal statement (Medical Treatment and Custody Office);

1. Previous convictions in judgment: Inquiries, unwritten statements before disposition and reports on the results of confirmation, and investigation reports (in addition to reports on attachment of judgment);

Application of Statutes

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

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the occupation of carrying or injuring dangerous objects), Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying dangerous objects and the choice of imprisonment)

2. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

3. Aggravation for concurrent crimes; and

The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of long-term punishments for two crimes)

4. Confiscation;

Article 48 (1) 1 of the Criminal Act

[3] The defendant and his defense counsel asserted that the defendant suffered from her cryp's disease by hearing the cryp and carrying kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k

Reasons for sentencing

1. The scope of punishment by law;

From June to June 16

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

[Determination of Type] A type of habitual injury, repeated injury, and special injury (a special injury) (a person who is a special person), a minor injury (a person who is not a person himself/herself), a mentally ill person (a person who is not a person himself/herself), and a person not subject to punishment (each mitigation element)

[General Convicted Persons] A planned crime (Aggravated Elements)

[Scope of Recommendation] From September to June of two years (Special Mitigation Zone, and up to June of one year and six months, which are the lowest limit of Recommendation Sentence)

[Scope of the revised sentencing range] One year and six months from June to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range in law, and thus, the lower limit of the applicable sentencing range in law is set at the minimum limit of the applicable sentencing range).

[Application of the standards for handling multiple crimes] Imprisonment with prison labor for not less than one year and six months [the grounds for concurrent crimes of violation of the Punishment of Violences, etc. Act (a person who commits a crime) in which no sentencing guidelines are set]

3. Determination of sentence;

The crime of this case committed one year and six months of imprisonment was committed by the defendant, who inflicted a bodily injury on the victim's head. In light of the risk of the crime and the upper part of the victim's body, the criminal liability is very heavy, and the victim seems to have caused a considerable physical pain and mental shock due to the crime of this case. In addition, since the defendant committed the crime of this case during the suspension of execution, it is inevitable to sentence the defendant as to the crime of this case.

However, considering the fact that the degree of damage of the victim is minor and that the victim does not want the punishment of the defendant by mutual consent with the defendant, various circumstances, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances before and after the crime, etc., which are conditions for sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and jury opinions as follows,

The acquittal portion

1. Summary of the facts charged (homicide and attempted murder);

On May 15, 2014, the Defendant, while working in the construction site of an apartment building in front of the Seoul Guro-gu Seoul Metropolitan Building, was starting from the victim Kim○, who is a field manager ( South, 36 years old) to get off the work.

Since then, the defendant thought that he was insultd by age victims in anti-defluence, he/she did not have been able to kill him/her and kill him/her, and on May 16, 2014.

08: Around 00, a driver of the above apartment construction site to find out the victim who was in his place, and then set off the chacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's head toward the victim's effective distance, and the victim kicker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kacker's kick

2. Defendant and his defense counsel’s assertion

At the time of the instant case, the Defendant had no intention to kill the victim.

3. Determination

앞서 본 각 증거에 의하여 인정되는 다음과 같은 사실 및 사정 즉, ① 피해자는 이 사건으로 인하여 뇌진탕 및 경추, 요추, 흉추의 염좌 및 긴장의 비교적 경미한 상해를 입었고, 피해자의 머리 부분에 열린 상처가 발생하지도 아니한 점, ② 만약 피고인이 굴삭기 버킷을 피해자의 머리 부분에 닿게 한 후 다시 버킷을 이동하였거나 굴삭기 버킷의 날 부분으로 피해자의 머리 부분을 가격하였다면 피해자가 더 큰 상해를 입었거나 그 자리에서 사망하였을 것으로 보임에도 피고인은 굴삭기 버킷의 날 부분이 아닌 뭉툭한 부분을 피해자의 머리 부분으로 1회 내려 닿게 하였을 뿐 그 후 다시 공격을 시도하지 아니하고 멈춘 점, ③ 증인 김00 ( 피해자 ), 오00 ( 목격자 ) 는 모두 이 법정에서 , ' 피고인이 다시 굴삭기 버킷을 아래로 내리쳤다면 피해자가 즉시 사망하였을 것인데 , 피고인이 굴삭기 버킷을 피해자의 머리 부분에 닿게 한 후 버킷의 작동을 멈춘 것을 보면 피고인이 피해자를 정말 죽이려고 한 것은 아닌 것 같다 ' 는 취지로 진술한 점, ④ 위와 같은 상해 정도 및 경위에 비추어 보면, 피고인이 굴삭기의 버킷을 피해자의 머리 부분으로 향하여 내리쳤다고 보기 어려울 뿐 아니라, 충격으로 쓰러진 피해자를 향하여 굴삭기를 운전하여 돌진하였다고 보기 어려운 점, ⑤ 피고인이 이 사건 직후 ' 피해자를 죽이고 나도 죽으러 왔다 ' 거나 ' 피해자를 죽이려고 왔는데 피해자도 운이 좋고 나도 운이 좋았다 ' 는 말을 하였다고 하더라도, 그 말이 실제로 살인의 확정적 고의 또는 미필적 고의를 나타내었다고 단정하기 어려운 점 등을 종합하면, 이 사건 범행 당시 피고인이 상해의 고의를 넘어 확정적으로나 미필적으로 피해자를 살해하려는 범의를 가지고 있었다는 점에 대하여 합리적 의심을 배제할 만큼 증명이 되었다고 보기 어렵고, 달리 피고인에게 살인의 고의가 있었다는 점을 인정할 증거가 없다 .

Therefore, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the Defendant’s intentional murder at the time of the instant crime.

4. Conclusion

Therefore, the above facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, but the facts charged include the crimes of violation of the Punishment of Violences, etc. Act (a group or a deadly weapon), and it is not likely to cause substantial disadvantage to the defendant's exercise of his/her right of defense even if it is acknowledged without changing the indictment in light of the progress of the trial of this case. Therefore, as seen earlier, the defendant guilty of the crime of violation of the Punishment of Violences, etc. Act (a group or a deadly weapon, etc.) in the judgment of the defendant, and the charges of attempted murder shall not be

Jurors' Opinion

1. Determination of not guilty and not guilty

A. Attempted murder part

- The establishment of murder attempted crime: 2 persons

- Establishment of a crime in violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.): Seven persons;

B. The part on violation of the Punishment of Violences, etc. Act (the person committing the crime)

- - Seven persons

- Not guilty: 2 persons

2. Sentencing Opinion

For at least one year and six months of full-time jury, this case shall be judged as ordered through a participatory trial at the defendant's wishes.

Judge Park Jong-sung, Counsel for judge

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