2013Gohap373 Murder, thief

Gamb○ (85-years South) Workers engaged in entertainment business.

Residence Mine District

5 5 5 14

(A) An authorized press unit (prosecutions) and an authorized number (Public trial)

Attorney Lee Dong-young (National Assembly)

August 13, 2013

A defendant shall be punished by imprisonment for five years.

Criminal facts

On September 3, 2009, the Defendant sentenced two years and six months to imprisonment for an attempted special robbery at the Gwangju High Court on September 3, 2009, and completed the execution of the said sentence on November 14, 201.

1. Attempted murder;

around 2011, the Defendant became aware of the victim’s inside 88 (the age of 32) through the Internet site, and exchanged communication. From around October 2012, 2012, the Defendant decided to associate with each other. However, the victim sent an attitude, such as not informing the Defendant of a large amount of drinking and occupation, and booming the victim, and she talked with the Defendant on several occasions from October 20, 2012.

The defendant found the victim's residence in the Seocho-gu in several times and demanded that the windows be affixed to the victim's house, and continued to reject the victim's refusal, and had the victim shotly killed the victim.

On October 23, 2012, 2012, the Defendant: (a) found the victim’s residence at around 00, and continued to have a level one-hour and opened a window; (b) found the victim’s face only once, and (c) tried to take the victim’s neck by opening the front door, making the victim’s neck up immediately by hand, and cutting the victim’s neck on the part of the victim into the bed; and (d) took the victim’s knife on the part of the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife.

2. Larceny;

The Defendant, at the above date and time and at the same place, conspired the victim to die, and escaped from such place, brought about the victim’s mobile phone 1 unit with an amount of KRW 800,000,00 in the market price and the key of the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by each police officer about 88;

1. A criminal investigation report (general) and an investigation report (a document attached to a medical fee, etc. for treatment with 88 victims inside the victim);

1. Sending data on emergency medical services according to requests for investigation and cooperation;

1. A medical certificate;

1. Previous convictions: Investigation report (Confirmation of the date of final release of a suspect and attachment of a written judgment);

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 (the charge of attempted murder and the choice of limited imprisonment) and Article 329(1) of the Criminal Act

subsection (the thief's point, the choice of imprisonment)

2. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes and the proviso to Article 42 of the Criminal Act.

section 35 of the Criminal Act (with respect to larceny)

3. Aggravation for concurrent crimes; and

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

4. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law;

From 5 years to 25 years of imprisonment;

2. Application of sentencing standards

(a) Crimes of homicide (basic crimes);

【Determination of Type】

To murder, General Purpose homicide

【Special Convicted Persons】

Reduction element: Minor injury (including non-injury), self-denunciation

Aggravations: Aggravation (Cumulative Cumulative Crime)

【Determination and Scope of Recommendations】

Reduction Area: Imprisonment of two years and four months to eight years (Attempted homicide)

(b) Crimes of larceny (Concurrent Crimes)

【Determination of Type】

Larceny General thief against general property

【Determination and Scope of Recommendations】

Basic Area: Imprisonment of six months to one year and six months;

【General Adopteds】

Aggravations: Cumulative repeated crimes not falling under special (Cumulative Offense)

(c) Aggravation of multiple offenses;

From April to September 8, 200 ( = the upper limit of basic crimes (8 years) + the upper limit of concurrent crimes (1/2 (9 September)))

(d) the scope of modified recommendations;

From five to eight years of imprisonment ( Taking into account the lower limit of applicable sentences in law)

3. Determination of sentence;

The defendant, on the ground that the victim was the victim, killed the victim's stroke because he was the victim. The defendant strongly divided his neck, which may result in a result of the victim's stroke life, such as leaving the victim's neck and leaving the goods into the stroke.

The Defendant committed the instant crime during the period of repeated crime, even though there was a history of having been sentenced to imprisonment with prison labor by inflicting bodily injury on the children who were under way due to a repeated crime, on the ground that the female-friendly group did not take part in it in around 2008, which was the period of repeated crime, and committed the instant crime during the period of repeated crime for which the execution of the sentence was completed, and for which one year has not passed since the attempted special robbery was committed. Other than the Defendant, there have been many criminal records of violence, and the victim, who was under significant mental shock, such as the Defendant’s attempt to take part in the same crime, is punished against the Defendant.

Comprehensively taking account of the above circumstances, it is determined that the crime of this case is heavy and repeated crimes are committed against the defendant during the period of repeated crimes, etc., and violent inclinations of the defendant are different. Thus, the sentence of imprisonment is to be made in quarantine from this society between the defendant Eul and the defendant Eul.

However, the punishment shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant reported 119 days immediately after the crime of this case and voluntarily surrenders to the police, the fact that he voluntarily surrenders to the police, the fact that he follows his behavior, and the degree of injury suffered by the victim is minor, etc.

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

Judge Lee Jae-young

Judges Park Young-sik

Number of judges exclusive;