2013Mahap25 Murder, homicideing a corpse

Kim○-○ (***********************)*) and non-service workers.

Seo-gu, Daejeon:

6. Omission of the place of registration:

Edivers (prosecutions, public trials) and stuffs (public trial)

Attorney Song-soo

March 19, 2013

A defendant shall be punished by imprisonment for nine years.

Facts of crime

1. Murder;

The Defendant, from the juvenile Si to the father of the Victim Kim Jong-ri (year 65), went home for several years, and went home for several years. On April 201, 201, the mother, who was in sick with Masan, was living together with the victim after her mother died. After her mother died on December 2, 2011, the Defendant was living together with the victim.

On September 28, 2012, the Defendant: around 20:00, Seo-gu, Daejeon***************** on the ground that her mother was living while drinking in front of the entrance to the room of 5 pentathy, and her mother was living in another woman before her mother became dead, and was living in a dispute with the victim on the ground that her her face was frighted from the victim and her faceed to drinking, and caused the victim to die in the middle of the pentathy construction.

Accordingly, the defendant murdered the victim who is his lineal ascendant.

2. Concealment of carcasses;

On October 3, 2012, the Defendant moved the body of the victim to the toilet room 5, immediately after the death of the victim at the time and place mentioned in the above paragraph (1) above, and concealed the body of the victim with construction materials, such as 40cm in depth from sunrise to sunrise, after selling the body, and storing the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness Kim III;

1 . ▣▣▣에 대한 검찰 진술조서

1. Statement of the police officer concerning Kim Jong-il;

1. Protocol of inspection, protocol of inspection of evidence, and protocol of seizure;

1. A written autopsy report and an explanatory note (a written autopsy report and an explanatory note);

1 . 수사보고 ( 범행도구 - 망치 , 사건 전후 전화통화자 이▩▩ 등 진술청취 ) , 내사보고 ( 실종

person’s last telephone call counter, suspect Kim ○○○, telephone call details, arrest, and corpse excavation;

A report on the occurrence of provisional withdrawals

1. Family relation certificate:

1. A photograph of seized articles, excavation of the site of case, and photograph of the body of the deceased, and photograph of the deceased;

Application of Statutes

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

Articles 250(2)(a) and 160(1)(a)(a)(a) of the Criminal Act shall be deemed to exist, and a limited imprisonment) of the Criminal Act;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes among concurrent crimes (within the scope of adding up the long-term punishment of the above two crimes) prescribed in the crime of genocide with heavier punishment

Reasons for sentencing

[Scope of Punishment] Imprisonment from 7 years to 37 years

[Determination of Type] Type 2 of homicide (Ordinary homicide)

【Special Dangerous Elements】 A surviving victim

【Special Mitigation Measures】 Disapproval of Punishment

[Scope of Recommendation] Imprisonment of 9 years to 13 years (basic areas)

【A person who is in the general public】 Abandonment of a corpse

[General Mitigation] Inducing the Victim (general) and serious reflect

[Determination of Sentence] Nine years of imprisonment;

The crime of this case is very heavy in view of the seriousness of the result that the defendant murdered the victim, his father, and concealed the body of the body of the defendant, and the crime was committed. In addition, even after the crime was committed, the defendant made a life, such as purchasing high visibility, clothing, and settlement of entertainment expenses, using a credit card that he had received from the victim for about 2 months before the victim, and making a statement to the effect that "the father is present at the police, and his father is going to contact with the surrounding people at least once a week." Considering this, it is inevitable to sentence a severe sentence against the defendant.

However, the victim had been engaged in continuous verbal abuse and assault against the defendant from the time when she was drunk to the point of view that the victim was able to take excessively strict and tension with the defendant, and even after her maturity, the defendant neglected or fluencing the defendant. While the victim's above behavior and the victim had a considerable complaint about the victim's birth of another woman from before her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's death, the victim's her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's her mother's her face was her face, it seems that the circumstances to consider the crime of this case can be seen as considerable.

또한 피고인이 이 사건 범행을 자백하면서 자신의 잘못을 깊이 뉘우치고 있는 점 , 피해자의 유족인 김이 피고인에 대한 처벌을 원하지 않고 있으며 , 피해자의 동생 인 김 , 김▦▦도 피고인에 대한 선처를 적극적으로 탄원하고 있는 점 , 피고인에게 2012 . 8 . 31 . 대전지방법원에서 교통사고처리특례위반죄로 징역형의 집행유예를 선고받 은 외에 벌금형보다 무거운 전과가 없고 , 이 판결이 확정되면 위 집행유예 선고가 효 력을 잃게 되어 피고인이 그 유예된 형기를 복역하여야 하는 점 , 그 밖에 이 사건 변 론에 나타난 모든 양형조건 및 배심원들의 양형의견을 고려하여 주문과 같이 형을 정 한다 .

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

Defendant Defendant Defendant 1

2. Opinions on sentencing

One juror: Imprisonment with prison labor for 12 years

Three jurors: Imprisonment with prison labor for ten years;

Three jurors: Imprisonment with prison labor for nine years;

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

Judge Lee Jong-soo

Judges Kim Jong-hoon

Judges' records