2013Written Murder 40

A.

All-rounds, pre-trials, and public trial

Attorney AA, AB

July 19, 2013

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1) shall be confiscated.

Criminal facts

On April 2010, while the Defendant was engaged in the drilling of gas pipeline installation works performed by “B enterprise”, the Defendant prevented the victim C from working for the Defendant, thereby leaving the said construction works abandoned. Moreover, the victim living eight years compared to the ordinary Defendant, living together with the ordinary Defendant, went against the Defendant, making the victim speaks against the Defendant and play for the disabled.

At around 23:34 March 20, 2013, the Defendant continued to drink with the victim while drinking alcohol, and followed the reasons why the victim bullyings the victim, the Defendant had a knife (14cc in a knife) from the Defendant’s knife on the Defendant’s 1 ton truck outside the above knife (14cc in a knife) and displayed the knife to the victim. Nevertheless, the Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn's right part of the victim’s right side.

Accordingly, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and F;

1. Each police statement of H and G;

1. Police seizure records;

1. Each police investigation report (the details of seizure of a criminal behavior district, attachment of field photographs, situation of victim's dispatch to the scene, attachment of CCTV-recording images and screen photographs at the scene of the crime, diagnostic document, diagnosis document, and examination of the fact related to motive for the crime, and confirmation of the fact related to motive for the crime);

1. A letter of prosecution (absoring a report on investigation (absoring a report on inquiry));

1. A medical certificate;

1. Photographs of the victim;

1. The knife knife (No. 1) and the racker knife;

Application of Statutes

1. Article applicable to criminal facts;

Articles 254 and 250 (1) of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration is given to favorable circumstances required for the reasons for sentencing)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

At the time, the defendant was injured by the victim, who is a disabled person, by disregarding that the victim was a disabled person, and the defendant's kn's kn's kn's kn's kn's kn's kn's kn

2. Determination

The intent of murder in the crime of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted that there was a possibility or risk of causing another person's death due to one's own act. In the case where the defendant asserts that there was no intention of murder at the time of the crime, and only the defendant was the only criminal intent of murder or assault at the time of the crime, 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 of the crime, the type of the crime, the motive of the crime, the nature and repetition of the prepared deadly weapons or implements, and the possibility of causing death (see Supreme Court Decisions 200Do5590, Mar. 9, 200; 2008Do9867, Feb. 26, 2009, etc.).

In light of the following circumstances acknowledged by the evidence adopted by the court and examined by the court, i.e., (i) the defendant has waived construction by interfering with the victim, (ii) the knife is disabled, (iii) the defendant has been holding a cargo truck outside the restaurant at the time when the defendant was parked, (iv) the defendant has a knife of the victim who is an important body part of the body that may interfere with his life by using a knife knife and 27 cm in total length, and (v) the defendant has a knife and knife the part of the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

Therefore, the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. The scope of punishment by law;

From March to July of 1 year and six months of imprisonment; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Death] Ordinary homicide

[Special Aggravationd Persons] Aggravationd: serious injury

The elements of mitigation: the occurrence of a victim;

[General Lifelongers] Reductions: Serious half;

[Decision of the Recommendation Area] Imprisonment of 9 years to 13 years (Basic Area)

[Attempted Reduction of Death] Reduction of 1/3 of the lowest limit of the recommended sentence, and 2/3 of the upper limit;

[Scope of Recommendation] Imprisonment of 3 years to 8 years

[Scope of the revised recommended sentence] Imprisonment of three to seven years (the maximum sentence shall be applicable to the applicable sentence)

3. Determination of sentence;

The crime of this case is committed by the defendant using a knife (14 cm in knife length, 27 cm in total length) to kill the victim. However, the victim suffered serious injury that requires treatment of at least six weeks, the victim is suffering from stress disorder at present, and the victim is under the punishment of the defendant.

On the other hand, the defendant is against the crime of this case, there is no history of criminal punishment, and this case has been committed by the victim to prevent the defendant from being contracted and to prevent the defendant from being charged with the work continuously. At the time of the crime, it has been committed by the victim so that the victim may waive the construction work, and the defendant has continuously been forced not to be charged with the construction work. At the time of the crime, it is reasonable to consider the motive of the crime of this case by disregarding the disabled as the defendant at the time of the crime, and the defendant's motive was committed, and the defendant bears the burden of medical expenses of the victim and deposited one million won for the victim. Other circumstances such as the defendant's age, character and behavior, environment, etc., which are the conditions for sentencing, and opinions on the sentencing of jurors, and the sentencing of the jury shall be determined beyond the scope of the recommended punishment prescribed in the sentencing guidelines, and the punishment shall be determined as ordered by the order.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

2. Opinions on sentencing

Two years of imprisonment and three years of suspended execution;

Three years of imprisonment and five years of suspension of execution;

Imprisonment with prison labor for a year and six months;

Two years and two persons of imprisonment;

Judge in charge of Second Instance

Long-term Private Telecommunication

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