2019Gohap95 Murder, Attempted homicide, Bodis

A 76. Symar

Demotion (Lawsuits) and Kim Jong-kin (Trial)

Attorney*

August 23, 2019

A defendant shall be punished by imprisonment for five years.

excessive one (No. 1) seized shall be confiscated.

Criminal facts

1. Injury;

피고인은 2019. 2. 28. 17 : 15경 울산 중구 # # 2길에 있는 피고인의 거주지인 " ▦▦ "@ @ 동에서, 별거 중 자녀를 만나지 못하게 하는 피해자 B ( 여, 39세 ) 에게 화가 나 자녀와 함께 짐을 찾으러 온 피해자로부터 아들을 떼어내 안고 비상계단으로 도망가다가 피해자에게 붙잡히자, 발로 피해자의 허벅지를 차 피해자에게 약 14일간의 치료가 필요한 좌측 대퇴의 타박상 등을 가하였다 .

2. Violence;

On March 13, 2019, after the Defendant divorced with the victim on March 15, 2019, the Defendant had the victim with the male who was suspected of having frightening with the son on March 15, 2019, and had the victim mind to enforce the relationship with the above male. On March 20, 2019: around 30:30, the Defendant attempted to wait for the victim at the entrance of the Dolsan Child Care Center where the Defendant was 49:4:0,00 Ulsan Jung-gu, Ulsan-gu, 30, and 49, where she was her children, and her talked about the victim who was her children, and her talked about the victim who was refused to do so by hand.

3. Attempted murder;

피고인은 피해자를 미행하며 내연남으로 의심해오던 남자와 계속 만나는 것을 보고 질투를 느껴 피해자를 살해할 것을 마음먹고, 2019. 3. 24. 14 : 20경 울산 중구 # # 2길 45에 있는 피고인의 주거지인 @ @ 동 * * 호에서, 옷가지 등을 가지러 와 짐을 싸고 있는 피해자를 식탁 의자에 앉히고 과도 ( 총길이 약 28. 5cm, 칼날길이 약 15. 5cm ) 를 손에 쥔 채, 전날부터 미행하며 목격한 피해자의 행적을 언급하며 ' 그 사람을 만나는 것은 아니지 않냐. ' 고 말하고, 피해자에게 ' 니가 죽으면 애를 누가 키우겠노, 내까지 죽으면 애를 누가 키우겠노. ' 라고 피해자를 위협하면서 과도를 피해자 쪽으로 겨눠 피해자를 세탁실 쪽으로 이동하게 한 후, 피해자가 손바닥으로 위 과도의 칼날을 잡으며 반항함에도 과도로 위 피해자의 복부와 오른쪽 옆구리를 각 1회 찌르고, 세탁실 밖 부엌으로 도망치는 피해자를 따라가 과도로 피해자의 왼쪽 옆구리와 복부 부위를 각 1회 찔러 살해하려고 하였으나, 피해자에게 약 92일간의 치료가 필요한 흉강내로의 열린상처가 있는 폐의 기타 손상, 외상성 찢김 등의 상처를 가하였을 뿐, 그 뜻을 이루지 못하고 미수에 그쳤다 .

Summary of Evidence

Omission

Application of Statutes

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

Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Articles 254 and 250(1) of the Criminal Act (the point of attempted murder, the choice of limited imprisonment)

1. Attempted mitigation;

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

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes of Murder with Unlimited Punishment)

1. Confiscation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months from June to June 22.

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

(a) A crime under paragraph (1) (Attempted homicide);

[Determination of Type] homicide / [Type 2] Ordinary homicide homicide / None of a special person

【Recommendation Area】 Basic Area

[Scope of Recommendation] From April to August 10, 3 years of imprisonment (in the case of attempted murder, the lower limit of the scope of punishment shall be 1/3, and the upper limit shall be 2/3, respectively)

(b) Two crimes (Bodily Injury)

[Determination of Type 1] General Bodily Injury to Violence Crime

【No Special Convicted Person】

【Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of April to June

(c) Three crimes (Assaults)

[Determination of Type 1] Violence Crimes

【No Special Convicted Person】

【Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment from February to October

(d) Scope of recommendations according to standards for handling multiple crimes: Imprisonment with prison labor for up to April of 3 years to up to August 10, 11 (the upper limit of the first crime + 1/2 of the upper limit of the second crime + 1/3 of the upper limit of the third crime);

3. Determination of sentence: The crime of the five-year imprisonment is committed on the ground that the defendant's wife, who was living separately, suffers injury on the ground that he prevents him from leaving his child; the former wife, after having divorced, assaults with another male, intends to kill knife with knife on several occasions; the crime is committed and the crime is committed and the crime is bad;

In light of the fact that the Defendant, as a knife, attacked the victim’s clothes, side glass, etc. and inflicted an fatal injury that may cause a direct danger to the victim’s life, and that the victim sustained serious injury, and that the Defendant did not receive a letter from the victim, it is inevitable to strictly punish the Defendant.

However, the facts of the instant crime are recognized and reflected by the Defendant itself, the fact that the Defendant appears to have committed the instant crime as a consequence of the contamination of the Defendant’s wife who was divorced, and other factors such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, the method and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by comprehensively taking into account the following factors:

Judges Kim Jong-gu

Judges Kim Jong-sung

Judge Lee Il-il