205Gohap336 Doz. Doz. Doz. Doz. Doz.

00, Duty-free,

Daejeon Daejeon 00 Dong-gu 00

Permanent Masan City 00

00

Attorney 000

January 19, 2006

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

The number of days of detention prior to the issuance of this judgment shall be 105 days included in the above sentence.

One kitchen (No. 1) and one room (No. 2) that has been seized shall be confiscated, respectively.

Of the facts charged in this case, the main building and attempted crime of fire prevention shall be acquitted.

Criminal facts

On July 20, 2004, the Defendant was sentenced to a suspended sentence of two years and six months in violation of the Punishment of Violences, etc. Act (a violation of at night group, deadly weapon, etc.) at the General Military Court of the 8th Army on July 2004, and was currently serving a suspended period of three years. The father victim 00 ( South, 50 years old) who is the father frequently assaulted 000 mother, and did not find employment after departure on September 2003, on the ground that the father was divorced from around 1/30, and did not find employment after departure, the Defendant received a severe residual and pinland from the victim and did not good appraisal, and the victim was at any time disputing the victim and the victim from time to time due to a forced execution until the wind, if the victim misleads another person's guarantee.

On October 4, 2005: Around 19: Around 10, at around 10, since there is a dispute between the defendant and the victim's house located in the Jung-gu, Daejeon and about 00-dong, with compulsory execution on the above house entering the above house, the defendant had his body fighting with one another by drinking the victim's left face face of the victim, such as the defendant's breathing and breathing, etc., and the victim had his body fightd with each other, and killed the victim and killed the victim's back head (34 cm in length) in the cell, making the victim use the part of the victim's back head in the room so long as it is possible to use the part of the victim's body in the room (34 cm in length).

18cm and 31cm in total length) The victim's right chest part of the victim's right chest shall be cut up by one force, face and head part, so far as possible.

A knife knife so that the victim died from the snife in the flife so that the victim could live.

Summary of Evidence

1. Statement by the defendant in this court;

1. Each statement of the suspect interrogation protocol on the accused prepared by the public prosecutor;

1. The entry of the written statement made by the public prosecutor in 000;

1. Each statement made by the police officer about 00 0, 00 each statement;

1. Entry of each protocol of inspection of evidence prepared by the police and each protocol of seizure;

1. Each description of a written request for autopsy, reply to requests for autopsy of a corpse, and each description of the written request for inquiry;

1. Each image of each on-site photograph;

Application of Statutes

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

Article 250(2) of the Criminal Act (the point of surviving a judgment, the choice of limited imprisonment)

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The crime of this case committed by the defendant was committed by murdering knife knife knife knife

In addition, the victim complained of suffering after knife the knife part of the breast part of the knife, "it is still unfilled," the victim's face and head part of the victim who continued to be used due to knife's knife's knife's knife without knife's knife, so the victim's face and head part knife knife which had been used. The defendant had the knife knife of the victim before the instant case, and had the record of punishment due to violent crimes, etc.,

Considering the fact that the Defendant committed the instant crime, it is necessary to place the Defendant to a severe punishment.

However, it is not intended that the Defendant intended to kill the victim from the beginning, but it appears that the appraisal accumulated in the peace would have reached a contingent crime of this case by explosion, and it is against the Defendant’s depth after the crime of this case, and considering favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstance after the crime, etc., the Defendant’s mother was determined as ordered in consideration of various circumstances revealed in the trial process, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstance after the crime.

The acquittal portion

We examine the main building and attempted crime prevention among the charges of this case.

1. Summary of the facts charged

On October 6, 2005, the Defendant entered Daejeon, 00 00 - 00 - 00 - 00 - 00 - 10 - 10, Daejeon, for the purpose of preventing compulsory execution by putting the clothes on two valves in a gas siren, with a view to combining gas knick with electric wires so that the gas knife may not be cut off, but attempted to extinguish the above knife by causing the heat. However, the police officer discovered the knife of the instant investigation vehicle and did not commit it with the wind that the middle ballast knife the middle ballast knife.

2. Determination

Article 27 of the Criminal Act assumes the existence of an impossible attempted crime, unlike an impossible crime, by providing for punishment where there is a danger even if the occurrence of the result is impossible because the means of the commission of the crime or the mistake of the object of the crime. Therefore, in a specific case according to the risk judgment, “where the risk of the occurrence of the result is absolutely impossible due to the nature of the crime”, the “where the risk of the occurrence of the result is absolutely impossible due to the nature of the crime” is distinguished from an impossible attempted crime. In this context, the “the existence of the danger” or “the degree of the danger” is based on the circumstances perceived at the time of the act by the Defendant, who is the actor, based on these circumstances, it is reasonable to objectively determine the possibility of the occurrence of the result by deeming it as an impossible crime by the ordinary public (a reasonable general public, not a large amount of fear of infringement of legal interests or the occurrence of the result).

이 사건으로 돌아와 보건대 , 수사기관 및 이 법정에서의 피고인의 진술에 의하면 , 피고인은 이 사건 당시 위 집에 불을 놓을 생각으로 가스레인지의 손잡이를 돌려 2개 의 버너에 불을 켠 뒤 위 손잡이가 제자리로 돌아가지 않도록 충전기 연결선을 이용하 여 가스레인지 손잡이를 고정시켜 놓은 사실을 인정할 수 있는바 , 과연 이러한 피고인 의 행위만으로 위 집에 불을 놓는 것이 가능한 것인지 여부와 피고인의 행위의 위험성 및 그 정도는 법적으로 어떻게 평가되어야 하는지가 문제된다 .

Therefore, in light of the above legal principles, when the statement of the fact inquiry reply to the chief of the National Institute of Scientific Investigation and Investigation on the part of the National Institute of Scientific Investigation is examined, it is necessary to have an annual retail number to spread the flames adjacent to the gas park in order to be turned into a fire if left alone by putting any object above the gas park, and by putting it out, there is only a need to have an annual retail number to spread the flames adjacent to the gas park in order to be turned into a fire. Moreover, it is impossible to cause structural damage from the general house, and even if possible, it is impossible to set the above house naturally, such as the defendant's act entered in the above construction report, and it is difficult to recognize the examination nature even if it is based on the reasonable empirical judgment of the general public.

Thus, this part of the facts charged constitutes a case that does not constitute a crime, and thus, is pronounced not guilty under the former part of Article 325 of the Criminal Procedure Act.

Judges Kim Jong-ho

Excursion ship poles

[Judgment of the court]