2012 Gohap558 Murder and Intrusion upon residence

○○ Kim (58-years, south xxxx), daily workers

- Dog-(00 Dog) Dog-ro 94 Dog- Dog- Dog-

- 00 Ri/Eup/Myeon in the place of registration

Red (prosecutions) and Park Jong-hee (Public Trial)

Attorney Yoon Young-young (Korean National University)

August 14, 2012

A defendant shall be punished by imprisonment with prison labor for 12 years.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Criminal facts

On December 26, 2008, the Defendant: (a) married with the victim Lee Magna (e.g., 62 years of age); (b) was divorced on December 30, 2010; and (c) was a person who, around the river basin, engaged in daily work while living for a female worker without a certain residence.

Even after the victim's divorce, the defendant s- 0 - 0 - - 0 - - - - - - - - 10 - frequently found the victim who resides in 101 frequently and intrudes into the house with the house, or caused the victim not to open the door, and caused the victim's face on the window, and threatened the victim from time to time.

1. Intrusion upon a residence;

On June 9, 2012: at around 25, the Defendant opened 00 - 00 - 13 gate of the Suwon-si Station, and opened the 101 small door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door for the victim's residence, the Defendant removed the hump with hand and added the face into the hum door door door door door door door door door door door, and had the victim play the victim.

Accordingly, the defendant invadedd the victim's residence.

2. homicide;

As above, the Defendant intruded on the house of the victim i egna egnag, reported to the police on June 18, 2012, asked the police to attend the police station to be investigated by the police officer in charge, and asked the victim to enter the police station to “On the other hand, the Defendant contacted the victim with the defect of the judgment, but the victim “I see the horses, I am me, I am kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s k’s kn’s k.

On June 17, 2012: around 20: (a) the Defendant met the victim who returned home on a bridge with more than 10 minutes before the victim’s residence; (b) the victim “if she was forced to go frightly,” and “if she was asked to go to go to frightly, she was rejected by the victim, but she was refused to go to go to another male care.” (c) the Defendant taken the knife the knife in front of the victim’s residence into the knife and knife the victim.

The defendant has avoided it and run away by 10 meters, and 00 dong-gu, Suwon-si, Suwon-si.

- _ 앞길에 이르러 피해자를 밀쳐 바닥에 넘어뜨리고 , ' 살려달라 ' 고 소리치는 피해 자를 향해 위 칼을 수십 회 휘두르며 피해자의 얼굴 , 목 , 팔 , 다리 등을 13회 정도 찔 러 2012 . 6 . 19 . 18 : 31경 ♣ ♣ 대학교 ♤♤♤병원 응급실에서 경부자창 ( 경동맥 및 경정맥 자창 ) 으로 사망하게 하여 피해자를 살해하였다 .

Summary of Evidence

1. Defendant's legal statement;

1 . □△△ , ♥ , 이□■에 대한 각 경찰 진술조서

1. Statement of seizure of police;

1. A police inspection report and a deputy inspection report;

1. A photograph of seized articles, a 119 first-aid log (a copy), a field photograph, a place of temporary inspection, a corpse inspection report, or a deceased person;

Jin, internal investigation report (influence of residence), investigation report (influence of suspect attendance, etc.), marriage relation certificate, investigation report

( 목격자 ♤☆☆ 진술청취 보고 ) , 수사보고서 ( 약식명령문 첨부 ) , 수사보고서 ( 지도검

(E) An investigation report (a copy of a criminal case record related to this argue)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 319(1) of the Criminal Act (the point of intrusion upon residence), and Article 250(1) of the Criminal Act (the point of homicide)

The choice of limited imprisonment type)

1. Aggravation for concurrent crimes;

Article 37 (Punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 (Punishment heavier Punishment)

to the extent that the long-term punishment for the above two crimes is added, the aggravated punishment for concurrent crimes

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than five years nor more than 33 years;

2. Application of the sentencing criteria;

[Types of Crimes] homicide, Category 2 (Murder with Ordinary Mosction)

【No Special Convicted Person】

[Scope of Recommendation] Basic Field ( Imprisonment with prison labor for not less than nine years but not more than 13 years)

3. Determination of sentence;

The crime of this case was committed by the defendant by intrusion upon the victim's residence, knife and murdering the victim with a knife. The defendant is a planned crime such as murdering the victim with a knife knife over 13 times on the ground that the victim's knife refuses to comply with the request of adjudication, in light of the criminal law and circumstances, such as murdering the victim with a knife, the crime is very poor and serious, preparing a knife, etc., the defendant did not take any action to prevent the death of the victim by escaping from the crime, and the defendant did not take any action to prevent the death of the victim. The defendant found the victim several times before the crime of this case was committed, and the victim's bereaved family members did not take any action to recover the damage, despite the significant mental shock that the victim's bereaved family members suffered from the crime of this case, and the victim's strong punishment against the defendant is strong.

However, considering all sentencing factors shown in the pleadings of this case, such as the fact that the defendant led to the confession of the crime, and the age, character and conduct, family exchange competition, etc. of the defendant, the punishment against the defendant shall be determined as ordered.

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

Judge Lee Dong-hoon

Judges Kim Jong-han

Judge Lee Jin-hun