2017Written Murder6 Murder

Song* *

J.* (Criminal Prosecution.). Court* (Public Trial)* (Public Trial)

Attorney Do-won* (Korean Pharmacopoeia)

April 18, 2017

A defendant shall be punished by imprisonment for six years.

The seized knife (No. 1) knife knife knife knife knife knife knife knife knife knife knife knife knife

Criminal facts

1. Relationship, etc. between the defendant and the victim;

The defendant, on April 19, 1996, married with the son's original ○○ (Min, 75 years old) son Kim Jong-young and then on July 1997.

5. The grounds for domestic violence, etc. in Kim Jong-ri, a pair of 1 South sons, gave birth to the 1 South sons, but Kim Jong-ri, etc.

On July 10, 2004, by the ruling of the Daejeon District Court as a substitute for divorce conciliation, Kim Jong-tae and divorce.

Since September 2014, the defendant was raised by the two children of the above Kim Jong-ri, and since September 2014, the defendant was in custody of the two children.

Ulsan** the former* the immediately preceding residence of the defendant in the Dong, with the above two parts of the children, as well as with them.

The life has been achieved.

2. The motive for committing the crime;

However, on December 2015, 2015, the two-wheeled children left the Defendant and dominant fats of the Defendant.

Seoul** the Gu** Dong* Dong * Dong * The Gu * * the Gu * the Gu * As the defendant was living together with the victim in heading*:

The defendant of Pyeongtaek-gu has suffered physical and psychological damage due to domestic violence of Kim Jong-tae, the former husband of Kim Jong-gu.

It is more likely that the victim was fluored by Kim Jong-young, the son Kim, whenever she was fluored.

under this section, the victim's relationship between the defendant and his her son and the two son's son's son.

The victim in Madern shall have been deprived of the damage awareness that he/she has abandoned the victim and found the victim;

the victim is exempt from water and the victim is kniff so that the victim can murder with a knife.

Food was made.

3. Preparation of implementation of the crime plan;

Pursuant to the above criminal action plan, the Defendant was in the vicinity of Dec. 17, 2016 sports* * Si* *

In three places in the country, 's slurfel feld feld slurd feld slurd feld 60's purchase of 3 feld feld

구로 빻아 가루로 만들어 종이봉투에 담아 두었고 , 2016 . 12 . 20 . 경기 * * 시 * * * * 인근

crime, such as purchase of knife (33 cm in total length, 20 cm in knife length) at miscellaneous point** knife,

The Gu prepared in advance and visited the victim's residence on December 22, 2016. 1)

4. Implementation of a crime plan;

On December 23, 2016, the Defendant visited the victim’s residence again on December 23, 2016: around 30, at around 30, the Defendant was at home with the victim.

dyp. After making a drink, the water surface guidance agents prepared in advance shall be cut to the victim on a pair of vehicles.

J. The knife knife knife knife that knife knife knife knife

After the victim gets a cover of the victim, the victim knife knife knife knife knife knife knife

Although trying to do so, the defendant knife the knife of the knife knife that the victim knifed by the defendant

cremat by towing time to the right hand of the person, such as overcoming the past days after the shoulder;

The date of treatment for the victim shall be determined by the Ordinance of the Ministry of Land, Infrastructure and Transport, and the date of treatment shall be determined by the Ordinance of the Ministry.

There is an open prize to the platform, any damage to the status in which an open prize has been made into the platform, and any open prize to the platform.

2.3 Damage to the party branch, damage, etc. to the organ of the party branch whose details are not known, which is open to the party branch.

The reason was that it was.

Accordingly, the defendant tried to kill the victim and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness ○○○ (victim);

1. The statement by each police officer against Kim Jong-uri (the defendant's husband's husband's husband's husband's husband's husband's husband's husband)

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

1. Each investigation report (a crime which is accompanied by a photograph taken after hearing the statements of the victim, the suspect's own wound, or the suspect's own wound;

In relation to a ground plan on the road site, investigation into confirmation of the relationship between the suspect and the victim, and submission of the suspect

Attachment of the Statement, crime tool-related investigation,* telephone conversations with one Council member's will, and exemption from the number of seized articles

J. Domestic Violence, Confirmation of Suspect's Domestic Violence Damage, Hearing of Suspect's children's statements

1. Written opinion, medical certificate

1. The seized knife photograph, a copy of knife, the photograph of seized articles (exemptions from water, cups, bridges), the on-site identification report;

Photographs, such as the scene of the crime, photograph of the upper part of the crime, family relation certificate, photograph (**), pharmacy, and residence of the defendant

each request for appraisal, and each request for appraisal

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant at the time of committing the crime, such as knife the knife with his hand, shouldering the defendant's hand, etc.

the defendant himself does not appear to commit any crime any longer by being sent to toilets.

Since crimes have been suspended, the defendant's act constitutes an attempted crime.

2. Determination

A. Determination that an attempted suspension is not an attempted suspension

(b) Grounds;

○ An offence planned in advance.

○ The point where the victim gets knife by hand, etc.

Since ○, the victim was sent to the toilet, and the escape to the toilet was exceeded in the process of escape.

Dabromosity one point

○ The victim shall enter the toilet and lock the door, and the defendant shall have several toilets on several occasions.

Dr. The fact that a door is opened

○ The Defendant shall take measures for relief of a victim by filing a separate report with 112 or 119.

They did not take any action

(c) Opinions of jurors (nine jurors);

○ Attempted Suspension: Eight persons.

○ Recognition of attempted suspension: One person.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommended sentencing guidelines;

[Determination of Type] 2 homicide (General Mosing homicide)

【Aggravated Punishment for Specific Convicts】 Aggravated Punishment for homicides

【Determination of Recommendation Area】 Aggravation

[Extent of Recommendation] Imprisonment for at least five years, imprisonment for at least 20 years, or imprisonment for life (the recommended punishment for attempted murder)

The scope of quantity shall be 1/3 of the lowest limit of the recommended sentence for murdering, and 2/3 of the upper limit;

3. Reduction: Provided, That reduction shall be made for at least 20 years in cases of imprisonment for life, and for life)

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

A. Circumstances unfavorable to the defendant

○ An offence planned in advance.

○ The victim’s clothes three times have caused danger to life at the time knife, and up to now has caused damage.

A point that he/she receives hospitalized treatment for at least four months;

○ The fact that the victim is strongly demanding punishment.

B. Circumstances favorable to the defendant

Before a long-term period of time, husband has suffered suffering from domestic violence and damage to property, and the reduction to that effect.

physical and mental causes, such as divorce with the former husband and resulting treatment of depression, etc.

(2) the Corporation has been under the jurisdiction of the Corporation;

○ The fact that the children living together with the Defendant were able to live together while leaving the Defendant and returning to the Victim’s home.

○ Under such circumstances, the Defendant, even though the victim made a speech or behavior to have the Defendant carry the Defendant, by doing so.

his or her child leaves his or her or her or her child is mistaken due to the fact that he or she is the victim's dissatis

○ The confession and rebuttal of the instant crime

The fact that there is no criminal records over the suspension of execution.

4. Results of the jury's verdict and sentencing opinions (nine jurors).

(a) A verdict of guilt or innocence;

○ "guilty": 9 persons (at least 100 persons);

B. Opinions on sentencing

○ Ten years of imprisonment: one person;

○ 7 years of imprisonment: 3 persons;

○ 6 years of imprisonment: 4 persons.

○ 4 years and six months: One person;

Judges Lee Dong-soo

Judges Lee Jin-ia

Judges Kim Jong-young

1) On December 22, 2016, the facts charged in this part of the facts charged: (a) visited the victim’s residence for the purpose of moving to the implementation of the above crime plan on December 22, 2016.

Marina Defendant’s son and wife together with the victim did not appear to commit the crime; however, there is no evidence to prove this; this part is not sufficient.

It was excluded from criminal facts.