2014 Highest 84, 2014 Highest 86 (Joint) homicides

Violation of the Punishment Act (Inflicting by Group, Deadly Weapons, etc.) and the Punishment of Violences, etc. Act

Violation (Bodily Injury by Group, Deadly Weapons, etc.)

A, Drivers

De-ho, Kim Nam-nam (Public Prosecution), Lee Jin-jin (Public Trial)

Attorney Park Young-young

July 1, 2014

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

one seized net value (No. 1) shall be confiscated.

Criminal History Office

1. "2014, 86";

On January 11, 2014: at least 20 : B, the Defendant: (a) reported the Defendant’s entire firs in front of the “B” road located in Yangsan-si; (b) the Defendant’s entire firs in front of the Defendant, along with the Victim D (5 years old) who is currently in school with the victim D (5 years old) who is currently in school; and (c) his women’s firs, which is a dangerous object located in the construction site adjacent to it, at least 73 cm in length, 3 cm in diameter; and (d) the Defendant continued to provide the Victim C’s right-hand knee part of the Victim D with the pipe at one time, and (e) made the Victim C’s right-hand kirs in front of the 14-day treatment of approximately 14-day treatment, and then made the Victim C’s treatment outside of the firs, etc., and (e) made the Victim for 14-day treatment.

2. 2014 Highis84

On March 21, 2014: 07:24, the Defendant called the victim on the truck owned by the Defendant, which was parked near the Defendant’s residence in Yangsan-si, and called “I am me,” and called “I am me,” and called “I am me,” and called “I am me,” and called “I am, I am am, I am am me, with the colored vinyl paper, knife (33 cm in total length, 33 cm in length, 3 cm in length in length, 5 cm in length, 22 cm in length, 5 cm in length), blue tape, glass tape, scam tape, knife, saw-top, mountain rop, ambre, etc.

At around 08:10 on the same day, the Defendant met the victim at the E parking lot located in Yangsan-si, and left the above room on the back seat, left a vinyl with the above room set up on the back seat, and then boomed with F in Yangsan-si, North Korea, and bread with the victim as the victim, and breadd with the victim. However, the victim did so at this low time, but the victim took a car from the victim who did not seem to have any mind, and the victim rejected it.

The Defendant said that the said car was set up a car to the victim, who passed the G tunnel, located in the fishing room in the city of Yangsan-si. The victim was unable to set up the said car at a factory site where the truck near the entrance of the said G tunnel, etc. is parked.

At around 09:00 on the same day, the Defendant said that he was the victim who was not D, but the victim showed the physical reaction and whether or not the victim "the victim went to several citys", 1 cc, 2 cc, and fested inside," and the victim "if the other person has come to go to the house, d't h't h', h't h't h', and h't h't h't h't h't h', and h't h', h't h't h', and h't h', h't h' and h't h', h' and h', h's head, h' and h't h't h't h't h', and h't h't h't h't h't h't h'.

Summary of Evidence

" 2014Gohap86"

1. Defendant's legal statement (the first court date);

1. Legal statement of the witness D;

1. Statement of the police record with C (shorter violence);

1. 쇠 pipe photographs, etc.;

1. A certificate of injury (C) and a certificate of injury (D)

【2014Gohap84】

1) The victim testified that the court did not memory the buckbucks. However, there was a fact that the defendant was at the investigative agency where the buckbucks.

The first court made a consistent confession that there was a buckbucks in the first place (the first court date) and the victim was a witness.

As mentioned above at the time, the Defendant’s newspaper reversed the victim’s statement that there was no buckbucks by the victim, and the hospital with the victim.

D's statement to the effect that the victim's bucks made a hole in the victim's bucks with his intention in the court, and the victim's injury diagnosis statement also made to the right.

In full view of the fact that the injury on the part of the bucks is recorded, it is recognized that the Defendant committed the victim’s bucks once.

1. The defendant's partial statement in court;

1. Examination protocol of the accused by the prosecution;

1. The witness C and D’s legal statement

1. A medical certificate of injury, each photograph;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1)1 of the Criminal Act

The former part of Article 37 and Article 38(1)2 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Probation;

Article 62-2 (1) and main sentence of Article 62-2 (2) of the Criminal Act

1. Confiscation;

Article 48(1)1 of the Criminal Act (Article 48(1)2 through 8 cannot be forfeited because it is insufficient to deem that evidence 2 through 8 was provided for the crime)

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for one year and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Basic crimes: 2014 high-priced84 cases;

[Determination of Type] Category 1 (Habitual Injury, Bodily Injury, Bodily Injury, Aggravated Bodily Injury) for Violence.

[Special Convicts] Reductions: Non-Punishments

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation Form] One year and six months to two years and six months

(b) The first concurrent crime: A crime against C by a victim of the 2014 Highest 86 case;

[Determination of Type] Types 1 of Violence: Habitual Injury, Bodi Injury by Cumulative Offense (Aggravated Injury, Aggravated Bodily Injury by Habitual Bodily Injury)

[Special Convicts] Reductions: Non-Punishments

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation Form] One year and six months to two years and six months

(c) Concurrent crimes of Type 2: Crimes against Category D for Victims of 2014 high-priced86 Cases;

[Determination of Type] Category 1 (Habitual Injury, Bodily Injury resulting from Habitual Bodi Bodily Injury)

[Special Convicts] Reductions: Non-Punishments

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation Form] One year and six months to two years and six months

(d) Application of standards for handling multiple crimes: Imprisonment with prison labor for a year and six months to four years.

3. Determination of sentence: Imprisonment with prison labor for not less than two years, three years of suspended sentence, and probation; and

The crime of this case is not easy in light of the following: (a) the defendant prices victims with a pipe, (b) prices the victim C with a dangerous head part, and (c) prices the victim C with a high risk in the method of crime; and (d) the defendant was indicted for the crime of Paragraph (1) of the holding that the victim prices the victim with a pipe, and (c) the victim prices the victim as a dead pipe, and (d) the defendant prices the same victim as a dead pipe for the crime of Paragraph (2) of the holding that

However, the victim C's head injury was not limited to two sides, and the defendant appears to have committed the crime of this case in a dynamic and contingent manner under the shouldered relationship or de facto marital relationship, the defendant's punishment is against the truth, the victims do not want to be punished, and the victim C wishes to take the defendant's wife by deceiving from the investigation stage to the court, and there was no record of having been sentenced to a fine of one million won or more, and there was no record of violent crime, and there was no record of violent crime, other records of the defendant's age, character and conduct, motive, circumstances of the crime of this case, and circumstances after the crime, etc., and the probation is ordered to be ordered to prevent recidivism, and the punishment shall be determined as per the order.

Parts of innocence

1. Summary of the facts charged for murdering

(a) The situation before crimes;

From around 1994, the Defendant: (a) from around 1994, the Victim C (n, 51 years of age) and the Gyeongsan City living together; and (b) around August 2013, 2013, the Defendant: (c) thought that the victim avoided another person; (d) caused the victim to death; and (e) had committed the crime of "2014 high-priced86" in the judgment during which the victim was committed. Since then, the Defendant was hedging with the victim; and (d) when the Defendant was parked in the car owned by the victim after the lapse of the D’s house located in Yangsan City from time to time, the Defendant considered the victim as being in the same manner as D; and (e) around March 20, 2014, the Defendant parked the said car of the victim before D’s house or car before the victim.

(b) The situation on the day of crime;

On March 21, 2014: 07:24, the Defendant called the victim on the truck owned by the Defendant, which was parked near the Defendant’s residence in Yangsan-si, and called “I am me,” and called “I am me,” and called “I am me,” and called “I am me,” and called “I am, I am am, I am am me, with the colored vinyl paper, knife (33 cm in total length, 33 cm in length, 3 cm in length in length, 5 cm in length, 22 cm in length, 5 cm in length), blue tape, glass tape, scam tape, knife, saw-top, mountain rop, ambre, etc.

At around 08:10 on the same day, the Defendant met the victim at the E parking lot located in Yangsan-si, and left the above room on the back seat, set a vinyl with the above room set at the lower seat, and then called F in the north-dong in Yangsan-si, Yangyang-si, Yangyang-si, Yangyang-si, and made this talk with the victim, but the victim took a car of the victim who is not likely to cause the mind again, and the victim rejected it.

The Defendant said that the said car would run the G tunnel located in the fishing room at the time of Yangsan, and the victim was unable to drive the said car at a factory site where the truck, etc. is parked at the entrance of the said G tunnel.

At around 09:00 on the same day, the Defendant said that the victim was not D, but the victim seen to have come to several cities of the instant passenger car, and whether the victim “the victim saw to have come to several cities of the instant passenger car, 1 cc, 2 cc, and son’s inside,” and “the victim interfered with the private life of the victim at the time when the victim left the house,” and “the victim saw to kill the victim by breaking the horse at the time when she got off, she did not take part in the victim’s attempted treatment, and she did not take part in the victim’s attempted treatment, she did not take part in the victim’s free will, and she did not take part in the victim’s free will.

2. Determination

The intent of murder in the crime of murder does not necessarily require the purpose or planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also it is so-called willful negligence. In a case where the respondent did not have the intention of murder at the time of the crime, and only he was aware of the intention of murder or assault, the issue of whether the defendant was guilty of murder at the time of the crime shall be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, type of the prepared deadly weapon, the part and repetition of the attack, the possibility of causing the death, etc. (Supreme Court Decision 2006Do734 Decided April 14, 206).

According to the evidence duly adopted and examined by this court, the defendant committed a crime with high risk of sustaining the head of the victim's hair. Although prior to committing the crime, the defendant told that he would die and die of the victim even before committing the crime (the second police interrogation protocol, the investigation record 203 pages), and the victim's 's homicide'. At the time of committing the crime, there is a little letter to the effect that 'the victim died and died of the victim'. or 'the victim' is called as 'the victim' (the suspect interrogation protocol, the investigation record 263 pages of the prosecution, the investigation record). Other fishing equipment such as the defendant's interrogation protocol against the defendant, the fishing age, and the knife and the knife, etc. with the victim's knife and knife.

However, the following circumstances are as follows: (i) the Defendant did not intend to kill the victim at an investigative agency until this Court; and (ii) the Defendant consistently made a statement that the victim did not hear the horses; (iii) the Defendant was at the time when considering the fact that the Defendant was faced with the victim’s hair due to the fear of the victim; (iv) the Defendant did not appear to have been aware of the victim’s hair; (v) the Defendant did not appear to have been aware of the victim’s hair on the two sides; (v) the Defendant’s price of the victim’s hair was just one time; and (v) it is difficult to readily conclude that the Defendant was aware of the victim’s hair from the victim’s head to the hospital; and (v) the Defendant’s name was insufficient to commit murder at the time of committing the instant crime with frequent passage of people or vehicles; and (v) the Defendant’s statement that it was difficult to find the victim’s hair at the time of the instant crime with the victim’s knife’s choice; and (v) the Defendant’s statement of the victim’s k.

3. Conclusion

Thus, since this part of the facts charged constitutes a case where there is no proof of a crime, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found guilty of violating the Punishment of Violences, etc. Act (a group, deadly weapons, etc., injured) which is included in the above facts charged as stated in paragraph (2) of the same Article, the sentence of

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