2016Written homicide 23

A person shall be appointed.

Seoul Gwangjin-gu

Yongsan-gu Seoul basic domicile

Doctrine (prosecutions) and Lee Jong-hoon (Public Trial)

Law Firm

July 21, 2016

A defendant shall be punished by imprisonment for seven years.

Seized Category B 1 (Evidence No. 1) shall be confiscated.

Facts of crime

The Defendant, as Edgrators of the Edgynasium in Seoul, which is affiliated with the Korean Edgynasium C, which is affiliated with the Korean Edgynasium, was in office as C from April 2015, and the victim F (year 47) was in office as the president of the C, and the victim F was in office in the Kdgnasium G in Geumcheon-ro, Geumcheon-gu, Seoul, the Geumcheon-gu Seoul. The Defendant was dissatisfied with the Defendant’s raising of corruption, such as embezzlement of his public funds, and the provision of related materials to I.

On October 22, 2015: around 48:48, the Defendant prepared in advance and attempted to kill the victim with knife several times, such as the victim’s ship and arms, and then with knife the knife at a police officer dispatched after receiving a report on 112, the Defendant attempted to murder the victim. However, on the wind that the victim knife the knife with a knife and knife the knife and knife the police officer dispatched after receiving a report, the Defendant failed to do so and attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police suspect interrogation protocol regarding F;

1. Each protocol of seizure;

1. Photographs, reports on results of field identification, and photographs attached thereto;

1. Stenographic records;

1. Each medical certificate (with respect to the crime of this case, the victim has consistently stated the contents of the act of the defendant from the investigative agency to this court, response to the victim, situation before and after the crime, etc. in a specific and consistent manner with the victim's statement, and there is no other circumstance to deem the victim's statement to be false, credibility exists).

Application of Statutes

1. Relevant laws and the choice of punishment for the crime;

Articles 254 and 250(1) of the Criminal Act; the choice of limited imprisonment

1. Confiscation;

Judgment on the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

The defendant was only the victim's intention to injure, and there was no intention to kill the victim.

2. Determination

The intention of murder is not necessarily recognized as having the intention of murdering or having a planned intention of murder, and it is acknowledged that there was a possibility or risk of causing the death of another person due to his own assault or other act. In full view of the following circumstances acknowledged by the evidence, it can be sufficiently recognized that the Defendant committed murder at the time of committing the instant crime.

(1) The blade used by the defendant is about 16 cm in length, and is a deadly weapon with which a knives can be put to a knives if he/she sets a knives with a knives.

② The Defendant knife the victim’s knife with knife (the Defendant asserted that buckbucks of the victim’s knife were knife on the wind that the victim resisted, but if the Defendant was knife as the Defendant’s argument, it seems to cease to engage in the knifeing of the victim’s knife, and then, the Defendant attempted to knife the victim’s knife after knifeing of the victim’s knife. The Defendant’s clothes and knife of the victim’s knife seems to have knife the victim’s knife).

③ After having kniffed the victim, the Defendant appears to have sufficiently perceived the victim’s death, “the victim was killed, killed, “the kills, her kills,” and “the victim’s death (the 272 and 273 pages of investigation records, and the recording notes submitted by the victim).” In addition, even if the content of the recording and the recording notes submitted by the Defendant are different or the recording notes submitted by the Defendant are written, the Defendant would have to look at the victim by “the kills, dead, or her kills,” and then “the kills,” and there is no essential difference in each recording book.” Furthermore, the Defendant attempted to the JJ that caused the Defendant’s body in order to mislead the Defendant.

1. Reasons for sentencing: Imprisonment with prison labor for not less than five years but not more than 30 years;

2. Application of the sentencing criteria;

[Determination of Type 2 (Ordinary Murder) No. 1

[Special Aggravations] Aggravations: serious injury

【Determination of Recommendation Area】 Aggravation

[Scope of Recommendation] Imprisonment with labor for not less than five years, imprisonment for not less than twenty years, or imprisonment for life

* The scope of sentence imposed on the aggravated area of category 2 of the murder crime (general motive homicide) shall be subject to the reduction of the minimum of the sentence range of the above murder crime to 1/3, and the upper limit to 2/3, respectively, by reducing the minimum of the sentence range of the above murder crime to 1/15 or more imprisonment for a limited term of not less than 15 years or to 2/3 of imprisonment for life.

3. Determination of sentence: The crime of this case 7 years imprisonment with prison labor is committed in knife several parts of the body of the victim, and if the applicable knife is considerably bad and bad, the result of the victim’s loss of his life could occur. The victim is serious in the degree of injury, such as receiving the knife joints of the body twice. The defendant, even though he is a pastor that should be an example of others, has a high possibility of criticism in that he did not endeavor to resolve the dispute with the victim reasonably, and attempted to kill the victim without having to do so. The defendant did not receive a knife from the victim. However, the defendant is aged and a health condition is not good.

The above circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime are considered as ordered.

Judges anti-competence

Kim Jin-jin

Round Round

1) The instant crime was committed in an original relationship (such as murdering, homicideing, disputeing, etc. with respect to the victim’s thought that he/she was caused by his/her human disregardation or extinction)

Since it appears to have been homicided at the end of the vision, the above types shall be applied.