(영문) 창원지방법원 마산지원 2019.8.23.선고 2019고합43 판결

When seized Samsung Tallon, S9 + one mobile phone (No. 1), C Card (No. 2), D Card 1 (No. 3), E Apartment Access Card 4 (No. 4) shall be returned to the heir of the victim ○○○ (n. 56).

Reasons

Criminal History Office

The defendant is the victim's OO(Aus, 56 years of age) and from March 2018 to the internal relationship.

1. homicide;

At around 02:00 on May 18, 2019, the Defendant returned home with the victim at the residence of the victim of Changwon-si Masan-si F and OOOOOOOOOOOOOOOOO, and again did not dispute with the victim after drinking alcohol in the above residence with money issues, etc., the Defendant heard and tried the victim by taking care of the victim's son who was going on the body of the above victim's body, and strokeed the victim's stroke by force around the body of the victim.

2. Larceny;

A. The Defendant, at around 10:40 on the same day, killed the victim at the same place as the preceding paragraph, boomed and took drinking time, sent it to the victim’s heir, and stolen the victim’s mobile phone case with Czech Card No. 1, and d credit card No. 1,00,000, and Samsung Galle Lglus mobile phone with one mobile phone equivalent to Samsung Galle No. 1,00,000, respectively.

B. At around 10:59 on the same day, the Defendant collected the cash check, which was stolen as set forth in paragraph 2(a), from the cash payment period that was set up by the manager of the said branch’s cash payment period, at the “H association apartment stop point located in the Changwon-si Member G, Changwon-si, the victim, and withdrawn KRW 1,00,000,000 for a total of four times, as shown in attached Table 1, from the 22th day of the same month, from that time, and stolen the total of KRW 2,20,000,000.

3. Fraud and violation of the Specialized Credit Finance Business Act;

On May 19, 2019, at around 03:25, the Defendant used a stolen debit card at least seven times in total as shown in the attached Table 2 of the crime committed no later than the 23th day of the same month by making a settlement of KRW 200,000, such as the drinking value by presenting the stolen C body card to the victim who was the above owner of the business, as if he was his own card, as set forth in paragraph 2(a) from the Jnopo-gu, Changwon-si, Changwon-si, Changwon-si, the Defendant used the stolen debit card at least seven times as shown in the attached Table 2 of the crime committed no later than the 23th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to K and OO○ (bereaved family members);

1. A report on the occurrence of a crime, report on internal investigation (the CCTV analysis of an elevator for the victim's residence), investigation report (related to the suspect's specific), internal investigation report (the photograph photograph photograph), investigation report (the execution reply of a seizure warrant), investigation report (the confirmation of the address of the user of the C card), investigation report (the confirmation of the details of the victim's C Card password and transaction report), investigation report (the confirmation of the results of the DNA appraisal by a police officer counter to the police officer in charge), prosecution report (the confirmation of the contents of the results of investigation report and the autopsy appraisal report); and

1. A corpse inspection report and a report of inspection of evidence;

1. On-site photographs and carcass photographs;

1. Seizure records;

Application of Statutes

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

0. The point of murder: Article 250(1) of the Criminal Act (Selection of Imprisonment with prison labor)

○ Each larceny: Article 329 of each Criminal Code (Selection of Imprisonment)

○ Fraud: Article 347(1) of each Criminal Code (Appointment of Imprisonment with prison labor)

○ Use of a stolen credit card (comprehensive) : Article 70(1)3 of the Specialized Credit Finance Business Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes of homicide with the largest punishment)

1. Return of victims;

Judgment on the defense counsel's assertion under Article 333 (1) of the Criminal Procedure Act

1. Summary of the assertion

Under the influence of alcohol, the Defendant committed the instant murder under the influence of alcohol while having weak capacity to discern things or make decisions.

2. Determination

According to the evidence duly adopted and investigated by the court, even though the defendant was deemed to have dysnating alcohol to a certain extent at the time of committing the murder of this case, in light of various circumstances, such as the background and method of the crime, the defendant's act after the crime, etc., it cannot be seen that the defendant did not have reached a state where he had the ability to discern things or make decisions at the time of committing the murder

1. Reasons for sentencing: Imprisonment with prison labor for not less than five years nor more than 45 years;

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

(a) First offense;

[Determination of Punishment] homicide [Type 2] Ordinary homicide

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 10 years to 16 years of imprisonment

(b) Class 2 or 3 crimes (each fraud);

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(d) Scope of recommending punishment based on the standards for handling multiple crimes: 10 years to 17 years (the upper limit of crime 1 + the upper limit of crime 2 + 1/2 of the upper limit of crime 1/3). The scope of modified recommended punishment: Imprisonment with prison labor for not less than 10 years (the upper limit of the recommended punishment for crimes of violation of the Specialized Credit Financial Business Act, for which no sentencing guidelines are set, should be taken into account only the lower limit of the recommended punishment for crimes for which the sentencing guidelines

3. Determination of sentence: The death of a person of 17 years of imprisonment is an absolute value that can not be altered, and in any case, it is a serious crime that could not be used for any reason. However, the Defendant murdered the victim who was in an internal relationship and used the victim’s property. Accordingly, the Defendant is inevitable to punish him/her corresponding to his/her criminal liability.

In these circumstances, the defendant shows the attitude of recognizing and opposing all of his mistake, and the fact that there is no record of punishment exceeding the fine, etc. shall be considered as favorable to the defendant, and the punishment shall be determined by comprehensively taking into account the defendant's age, character and conduct, family relation, environment, motive, means, circumstances, results, etc. of the crime, and all of the sentencing conditions, such as the circumstances after

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