2010Gohap476 Murder and attempted murder

2010 Written 28 (Joint Attachment Orders)

Maap○

Seoul Residence

Jeonnam of the original domicile

Maternity

Attorney Mental Dong-dong (Korean National Assembly Line)

November 26, 2010

A defendant shall be punished by imprisonment for life.

One set of seizure networks and one excessive seizure shall be confiscated.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for 15 years.

Criminal facts

1. Criminal records;

On December 14, 1995, the Defendant was sentenced to a suspended sentence of three years and six months for special robbery in the government branch of the Seoul District Court on December 14, 1995. On August 27, 1996, the Defendant was sentenced to a imprisonment of one year and six months for a short term or one year for a violation of the Punishment of Violences, etc. Act at the Seoul District Court on August 27, 1996. On November 1, 1996, the Defendant was sentenced to a maximum of ten years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc., and the said sentence became final and conclusive on July 12, 199, and the said suspended sentence becomes null and void and conclusive on May 8, 2010.

2. Criminal facts;

On August 7, 2010, when the Defendant took all responsibility for his wife without any choice, other than engaging in daily labor and complaints against his family members who do not help him, and was in a timely opening session, the Defendant was unable to seek daily straw on August 7, 2010, and was living together with his wife and was living together without his destination in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and was living together with one illness at the ○○○○ Children’s School located in Newdong, Yangcheon-gu, Seoul. On the side of the second multi-household building located in ○○○, Yangcheon-gu, Seoul, and opened a door in the name of 4th, Yangcheon-gu, Seoul, and had a large number of people opening the door door at the time, comparing his home environment with the Defendant’s influenite and the present wife’s happy condition with his own happy location, to have the remaining objects of the crime committed with the intention of causing discrimination by drinking the remaining objects of the crime.

(a) Attempted murder;

On August 7, 2010: around 05, the Defendant: (a) entered the above multi-household building; (b) laid the stairs; (c) laid the back a back door on the stairs of the second floor; and (d) laid out a deadly weapon containing the two floors; (d) laid the door inside the body of the victim’s head ○○○○ (n, 41 years old) (n, n, n, kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn k;

(b) homicide;

The Defendant, at the same time, at the same time, at a place as mentioned in the above paragraph (a) above, she killed the victim by having the Defendant die of low blood transfusion shocked by the fluor and the part on the left side and right side of the victim of the instant over-road, which was being fladed by her hand, and she was sent to the emergency room of the Egradic hospital located in Yangcheon-gu Seoul Metropolitan Government 911- - 1, while she was sent to the emergency room of the Egradic hospital with a fluor and the fluoral fluor.

3. A person against whom a request to attach an electronic device is made falls under the case of committing murder under Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, and the risk of recidivism is high in light of the results of the appraisal of the person subject to the request to attach an electronic device - R (PSchopaty - hecklist -), etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on ○○○, Ma○○, and Ma○○;

1. A copy of the statement made to the police officer ○○; and

1. Each protocol and list of seizure;

1. On-site temporary burial sites;

1. Medical certificate (○○○);

1. A copy of the autopsy report, a response to the results of the autopsy, and a response to the request for appraisal;

1. Previous convictions: Verification of criminal records, date of release from prosecution, and reporting accompanied by written judgments;

1. The risk of repeating a crime as indicated in the judgment: To be recognized by the respective evidence and the report on the results of a prior investigation on the claim;

In full view of the law, motive or background of the crime of murder and attempted murder, the age, character and conduct, etc. of the defendant, the risk of recommitting the crime of murder can be recognized.

Application of Statutes

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

Article 250(1) of the Criminal Act (the points of murder and the choice of life style), Articles 254 and 250(1) of the Criminal Act (the points of attempted murder and the choice of limited imprisonment)

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) (limited to the crime of homicide)

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (Inasmuch as punishment is more severe than punishment is selected for life for murder, no other punishment shall be imposed)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Orders to attach an electronic tracking device;

Article 9(1)1 and Article 5(3)3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. Sentencing criteria;

【Determination of Type】

Each homicide, Category 3 (Murder with particularly a reason for criticism in motive)

-in the event of murder with no particular reason;

【Special Convicted Persons】

○ homicide

- Cumulative offense under Act on Special Cases Concerning the Punishment of Specific violent Crimes (Aggravationd elements)

○ Crimes of homicide

- Cumulative crimes under the Act on Special Cases Concerning the Punishment of Specific violent Crimes, serious injury (aggravated factor)

[Scope of Recommendation Form]

○ homicide

-the increased area of category 3, imprisonment for not less than 12 years but not more than 15 years, or life imprisonment;

○ Crimes of homicide

- The range of sentence is to be reduced to 1/3, on the ground that there are two or more special persons in the area of aggravation of type 3 (one to fifteen years of imprisonment or imprisonment for life), and that there are two or more special persons, so that the upper limit is to be increased to 1/2 (the imprisonment of not less than 12 years but not more than 22 months or not more than 6 months of imprisonment), and that it is an attempted crime in the area of aggravation of type 3 (the imprisonment of not less than 12 years and not more than 5 years and not more than 7 months of

[Scope of the revised Recommendations]

- Application of processing standards for multiple crimes: Total sum of 1/2 (two years and September 2) the upper limit of the recommended punishment for concurrent crimes under the upper limit of the recommended punishment for murder, which is a basic crime (15 years of imprisonment); imprisonment for a term of not less than 12 years and not more than 18 months or imprisonment for life (a concurrent crime between crimes for which the sentencing criteria are set);

2. Determination of sentence;

In addition, the Defendant committed the instant crime on the grounds that the instant crime was committed on the grounds that the instant crime was committed on the grounds that the instant crime was committed on the grounds that the instant crime was committed on the grounds that the instant crime was committed on the grounds that the instant crime was committed on the grounds that the instant victims and their children, who were unable to adapt to society due to a long-term flooding life, were frightening and drinking away from a prison room, and that they appeared to have been happy. The Defendant committed the instant crime before the victims’ children, which led to the failure of home, and that the psychological shock and economic suffering that the victims ○○○○ and their children would have to suffer would be serious. Furthermore, considering the fact that the Defendant did not take all necessary measures to recover damage to the victims ○○○ and their bereaved families, such as special robbery and robbery, etc., and that the Defendant was released from society for more than 10 years and was released from the society for more than 3 months, the Defendant’s order and rape should be determined by taking account of the following factors: (i) the Defendant’s order and rape.

Judge Ground of the presiding judge

Judge Lee Gyeong-yeong

Judges Cho Jae-hee