2016 Gohap980 homicide

A

Han Han-il (Public Prosecution), Han Han-il (Public Trial), and Park Jong-il (Public Trial)

Attorney B, C (State Ship)

January 20, 2017

A defendant shall be punished by imprisonment for 13 years.

Criminal facts

The defendant and the victim D (the age of 55) were living together in the victim's house in Jung-gu, Seoul, Jung-gu, 115 Dong 207, from the beginning of December 2012, 2012, when they were living in the "F" located in Gangnam-gu, Seoul, Seoul, due to an incidental personal relationship from "F" around October 2012.

On September 7, 2016, the Defendant went to the human resources market located in H in Jung-gu Seoul Metropolitan Government to find jobs on September 7, 2016, but did not find any daily distance. At the same time, the Defendant, along with I who found his jobs, transferred alcohol to the victim’s house after drinking alcohol. At around September 10:28, 2016, the Defendant and 1 met the victim’s house, and her drinking alcohol together with the victim. At around September 12:18, 2016, the Defendant and 1 met the victim’s house and returned home.

On September 7, 2016, from around 13:00 to 18:00, the Defendant died of the victim’s right side by using the kitchen knife (total length of 30cc, 18cc) on the kitchen clife (total length of 30cc, knife length of 18cc) on the part of the victim’s house. Accordingly, the Defendant killed the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of K;

1. Each protocol of seizure;

1. Report on the request for appraisal (number 48), report on the request for appraisal (number 50), report on the request for appraisal (number 65), data on results of genetic assessment (number 65), report on the autopsy (number 69), and report on the gene assessment (number 71);

1. Report on internal investigation (on the spot and on-site investigation), investigation report (on-site investigation), CCTV analysis report (on-site investigation report on CCTV analysis), CCTV closure screen, investigation report (related to a verbal reply as a result of fingerprint appraisal), field identification report (in addition to the present condition of evidence evidence), field photograph, investigation report (on-site investigation report, I relative investigation of a suspect), investigation report (related to the victim's moving line on September 7, 2016), investigation report (in relation to the victim's cell phone list), relative investigation report (on-site investigation of the victim's cell phone list), cell phone photograph photographs, investigation report (the analysis of the details of the victim's cell phone cell phone cell cell phone cell cell phone sending), investigation report (the data of the suspect's cell phone cell cell phone cell cell cell phone cell cell phone cell cell phone cell cell cell phone cell cell phone identification report), cell phone identification report (the data of the suspect's cell phone cell phone tracking report on the day of the investigation report), suspect's cell phone identification report (the victim's cell phone tracking report on the investigation report) and witness's statement on the investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the punishment of a prior punishment;

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

Judgment on Defendant’s and defense counsel’s argument

1. Summary of the assertion

Although it is true that the drinking together with the victim and I would drink with the victim, there is no fact that there is no dispute with the victim, or that the victim would be a kitchen knife with the kitchen knife. As the diving occurred, the victim had already been faced with and accumulated by the victim. While the defendant is diving, the possibility of murdering the victim and escape may not be ruled out.

2. Results of the jury verdict (nine jurors);

○ "guilty": Reasons for sentencing nine (one full-time) persons

1. The scope of punishment;

From 5 years to 30 years of imprisonment;

2. Scope of recommendations;

[Determination of Punishment] Type 2 (Death by Ordinary homicide)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 years to 16 years (Basic Area)

3. Determination of sentence: Fifteen years of imprisonment; and

4. Sentencing opinions of jurors (nine jurors);

○ Ten years of imprisonment: Six persons.

○ 12 years of imprisonment: One person.

○ 13 years of imprisonment: two persons;

The presiding judge, Kim Dong-dong,

Judges Powers Presiding Justice

Judges Kim Jae-won

1) In the facts charged, it is written that "I am under the influence of alcohol that I am under the influence of alcohol and that I am under the influence of "I am under dispute" for the reason that I am under the influence of the victim's diving

B. The evidence to confirm the above motive is not found.