2015Gohap92 homicide, destruction of or damage to a corpse, abandonment of a corpse

A

He/she shall file prosecutions, and hold a public trial on his/her own.

Attorney B (Korean National Assembly)

July 10, 2015

1. The defendant shall be punished by imprisonment for thirty years;

2. One document (No. 1) and one bicycle rider (No. 10) confiscated shall be confiscated;

Criminal History Office

Since the Defendant entered China around March 28, 2009, he saw that most of his wage revenues were sprinked in casino, etc. The Defendant, who was the wife of the Defendant, entered China on March 12, 2013 and was living together in China. As the Defendant’s wife entered China on March 12, 2013, the Defendant clarified that most of his income was sprinked by gambling and promised to deposit his own wage in the Chinese bank, but thereafter, he sprinked most of his benefit as gambling funds.

1. homicide;

피고인은 2015. 4. 1. 07:40경 시흥시 D에 있는 집에서, 자신의 도박 사실을 눈치챈 피해자가 '중국은행에 가서 저축한 돈이 얼마인지 확인해 보자.'라고 말하자, 그동안의 수입을 대부분 도박으로 탕진한 것이 밝혀질 것을 염려하여 피해자에게 '지금은 피곤하니 오후에 가자.'라고 얼버무렸는데도, 피해자는 아랑곳하지 않고 피고인에게 곧바로 중국은행에 가서 예금 잔액을 확인해 보자고 재촉하였다.

In this day, at around 09:00 on the same day, the Defendant: (a) was at the back of the victim who was making cremation to the Chinese bank together with the Defendant, and (b) was at the bottom-type chains used to shoulder the cryp of the flat dog, (c) was at the bottom-type chains of the victim’s cryp, 6cm high, weighted about 0.5km, 0.5km, hereinafter referred to as the “a chains of this case”), and “the victim cryp?” she was at the bottom of the victim’s cryp, she was at the end of the victim’s right side, and she was at the right side of the victim’s side, and she was at the pressure of the victim’s cryping, so that the victim can schep the victim’s loss, so long as she was at the right side of the victim’s loss, and the victim was at the end of the victim’s port, so long as she was at the victim’s end.

Accordingly, the Defendant murdered the victim.

2. Destruction and abandonment of the dead body;

After killing the victim as above, the Defendant destroyed and deserted the victim’s body in order to conceal his/her crime as follows:

(a)the body hand;

On April 2, 2015, from around 12:30 to 14:30, the Defendant moved the body of the victim in the room at the above house to the toilet, walking clothes from the body of the victim, in the state of being faced with the inner strings, the body of the victim, and walking the clothes in the body of the victim, the body of which was in the state of being faced with the inner strings and the inner strings, and 25cm in length) knicks (15cm in length on the blade, approximately 15cm in length, approximately 25cm in length), kids in the body of the victim, and removed the body’s left hand from the body. In addition, the Defendant obstructed the victim’s body by the foregoing method into 14 parts, such as fingers, the body of the victim, the body of the body of the victim, the body of the body of the body of the victim, the body of the victim, and the body of the victim.

(b) A dead abandonment;

(1) At around 17:30 on April 2, 2015, the Defendant put the body part of the body part of the victim’s body in a plastic bags, putting the bicycle in a plastic bags, and putting it in a bicycle, then getting a bicycle in front of E at the time of strekeing and interesting.

(2) At around 19:00 on the same day, the Defendant contained a part of the body of the victim’s body in a vinyl paper, containing one finger and a spoke part of the body of the victim in a vinyl paper, putting them on a bicycle, and putting the bicycle on a beach in front of the H Park in G at the time of sporating and interesting the bicycle, and putting the said vinyl paper into seawater.

(3) On April 8, 2015, the Defendant cited the shopping bags containing both arms and legs of the victim, which were laid on the rooftop of the above house, around 07:30, and put them on the entrance of the rooftop of the building I located at I during interesting.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police officer's statement of J, K and L;

3. Statement of seizure by each police;

4. Reports on the field identification records of murder incidents and on the results of field identification;

5. Each corpse death certificate, autopsy appraisal certificate, and written request for appraisal (including copies thereof);

6. Videos of closed-circuit television (CCTV) recorded in the compact disc.

7. Each photograph;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) The point of murder: Article 250 (1) of the Criminal Act;

(b) Destruction and abandonment of a dead body: Article 161(1) of the Criminal Act (generalization);

2. Aggravation of concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments prescribed in the crime of homicide heavier than the punishment)

3. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Possession of murder;

A. Summary of the assertion

The defendant did not intend to kill the victim.

B. Determination

(1) In the crime of murder, the intent of murder does not necessarily require the intention of murder or planned 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 predictability is not definite, but it is so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, existence of a deadly weapon prepared for the crime, type and method of attack, degree of the occurrence of the crime, and possibility of the occurrence of the result of death (see Supreme Court Decision 2006Do734, Apr. 14, 206).

(2) According to the evidence adopted and examined by this court, the following facts are recognized.

(A) At the time of the instant case, the Defendant, at the time of the instant case, laid down the part of the victim’s processed straw, cut the victim’s straw, cut back again to the shower to the victim, followed by this string, and string the victim’s strings, cut down the victim’s strings by hand, hand, and string the strings up to five minutes. At the time of the instant case, the Defendant was at the end of the instant case, such as the victim’s strings, and was at the strings of the victim’s strings, so far as the victim strings the strings of the victim’s strings, but the victim seems to have died immediately.

(나) 이 사건 쇠뭉치는 지름 약 6cm, 높이 약 6cm, 무게 약 0.5kg 정도의 쇳덩어리인데, 피고인이 이 사건 쇠뭉치로 피해자의 정수리 부위를 내리치고 이마에 던짐으로써 피해자의 정수리 부위에는 열창과 두피하출혈, 이마에는 열창의 상해가 발생하였다.

(C) In light of the fact that a large number of blood transfusions, i.e., blood transfusions of the body of the victim, i.e., blood transfusions from the upper part of the upper part of the body, i.e., the skin and face skins, and the rupture of the body of the victim, Ma of the National Scientific Investigation Research Institute’s Law, which has taken the body of the victim, shows that the victim would be deemed to have died by the pressure of the light.

(3) The following circumstances revealed through the above facts: (i) the defendant is likely to destroy the guns of this case, which the defendant used as a criminal tool, and is vulnerable to the shock of the machine that caused the victim by the chains of this case; (ii) the defendant saw the victim's neck by hand for about five minutes, and the defendant saw the victim's neck by hand, and the victim lost her arms, lost her body consciousness, stopped her body, and even after her body has increased, the 3 human neck falls under an urgent action where the thros of the body passed. In light of the above facts, the victim died from the stroke of the defendant's neck by pressure, the victim is deemed to have been aware of the fact that the result of the death may occur due to the crime of this case, and there is considerable reason for the defendant to have committed the crime of murder.

Therefore, the above assertion by the defendant and defense counsel is without merit.

2. Points of destruction of the corpse;

A. Summary of the assertion

At the time of committing the crime of destroying a corpse, the Defendant was in a state of mental and physical disorder due to a person who was unable to sleep.

B. Determination

In light of the following circumstances revealed by the evidence adopted and examined by the court, i.e., (i) the Defendant stated in an investigative agency in detail the details of the crime of destruction of the body, (ii) the Defendant appears to have considerable force in order for the Defendant to stop the body of the victim into 14 parts by using knife and knife, and (iii) the Defendant appears to have sufficiently acted for about 20,000 hours to end the same day; and (iv) other specific methods of the crime of destruction of the body, and the Defendant’s act going before and after the crime of destruction of the body, it cannot be deemed that the Defendant did not have any ability to discern things or make decisions due to mental or physical disorder at the time of the crime of destruction of the body of this case.

Therefore, the above assertion by the defendant and defense counsel is without merit.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for not less than five years nor more than thirty seven years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crime: homicide;

(1) Determination of types: homicide - Type 2 (General Murder)

(b) A special person: A knife of a corpse (a knife factor)

(c) Scope of recommendations: Imprisonment with prison labor for not less than 15 years or imprisonment for life (aggravated field);

(b) Scope of recommending punishment based on the standards for handling multiple crimes: 15 years to 37 years of imprisonment (the lowest limit shall be set at the lowest limit of sentence range of basic crimes, and the upper limit shall be set at the upper limit of sentence range of applicable punishment, among crimes of destroying and damaging carcasses for which no sentencing criteria are set);

3. Determination of sentence;

In this case, the defendant prices the head of the victim's body in his wife, strokes the body of the victim into a stroke, and strokes the body of the victim into 14 parts, and later abandons the body of the victim into a river, sea, on the rooftop of the building, etc., and the nature of the crime and the crime cannot be seen to be considerably significant. As long as it cannot be altered, it cannot be said that the result is very significant in that he takes the life of a person's body and takes the body of the victim's body into the river and the sea, etc. In order to conceal his crime without doing so, the defendant committed the crime of the defendant. The defendant's criminal act is deemed to have undergone serious pain that the victim could not have been punished until her death until her death, and the victim's body and bereaved family members, including her children, are also unable to recover from the victim's mental shock and suffering. Thus, the defendant's body and the victim's bereaved family members do not seem to have been sentenced to the victim's injury.

However, when the defendant saw most of the revenues including the victim as gambling and confirmed the balance of deposits from the bank of the party branch, it appears that he committed a contingent murder in a state of mental and physical disorder after completing her night work and completing her work and committing the crime of murder in a state of mental and physical disorder. The facts of this case are recognized, and the facts of this case are divided, and there is no record of criminal punishment as he/she stays in Korea from March 2009, and there is no record of criminal punishment as he/she has been living in China before her, and there is no record of criminal punishment as he/she appears to have been sentenced even during her stay in China, and there are favorable circumstances, such as the age of 47 years and the age of 30 years imposed by this judgment, leading to the old age of 77. As such, these circumstances should be considered in sentencing.

In full view of the above points and other circumstances that are conditions for sentencing, such as the character, conduct, environment, family relationship, motive, method and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

Judge Lee Young-chul

For judges standing:

Judges Kang Jae-sung