2012 Gohap552 homicide, dead bodies

00 Quantities, duty-free

Kim Hyun-ju (Lawsuits) and Compensation leap (Trial)

Attorney Choi O-O (KO)

January 10, 2013

A defendant shall be punished by imprisonment for five years.

Criminal facts

1. homicide;

On August 19, 2011, the Defendant: (a) around 00, at the Defendant’s house located in the Seo-gu, Seo-gu, Daejeon; (b) at around 00, the husband gave birth to the Defendant (her husband, 15 days after birth) and suspected that the blood type of the victim (her husband, 15 days after birth) was abnormal; (c) the Defendant was able to kill the said victim; (d) covered the part of the victim’s body by hand, and (e) murdered the victim by separating the head part of the victim’s body with two hands above.

2. Abandonment of a dead body.

On August 30, 201, at around 00:0, the Defendant stored the body of the victim who died in a public toilet located in the Dong-dong Central Market of Daejeon, Daejeon, as mentioned in the above paragraph (1), on a hand, stored the body of the victim in plastic bags and garbage bags, and abandoned the body and the body in the shopping bags.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on Kim 00, Park 00, Lee 00

1. A report on investigation (in case of ex officio investigation);

1. Each request for appraisal, and each request for genetic appraisal;

1. A corpse of autopsy;

1. Crimes committed on-site photographs, CCTV photographs in the central market, on-site photographs (or on-site photographs) and on-site photographs (off-site photographs);

Field and Central Market)

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of murder, the choice of limited imprisonment) and Article 161(1) of the Criminal Act (the point of abandonment of body)

Article 37 (Punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 (Punishment heavier Punishment)

to the extent that the long-term punishment for the above two crimes is added, ever ever ever)

Reasons for sentencing

1. The scope of punishment;

From 5 years to 37 years of imprisonment;

2. Application of the sentencing criteria;

【Determination of Type】

Murder. Ordinary homicide. Type 2

【Special Convicted Persons】

- Reduction Elements: Non-Mitigation of Punishment

【Determination of the Place of Recommendation】

Reduction Area

[Scope of Recommendation Form]

From six years to ten years of imprisonment; or

【General Adopteds】

- Mitigation elements: Serious reflect

-Aggravation: Abandonment of dead bodies

3. Determination of sentence;

The crime of murder is a serious crime in which the victim’s life is seriously valuable and dignity, and for any reason, cannot be combined. In addition, if a parent who is responsible to look after and examine his/her own child is aware of his/her responsibility and, rather, kills his/her child, his/her parent is not subject to punishment against him/her exceptionally. Even though the defendant is suspected of being the victim’s child by her husband, it is difficult to understand that he/she was aware that he/she did not have the victim’s child, and even if he/she was threatened several times of intimidation, it is difficult to readily understand that the defendant’s act of killing her child by 15 days after her birth was committed by the defendant. In addition, the defendant was suspected that he/she did not seem to have his/her own human life without properly viewing his/her own life. The defendant left his/her body or left his/her body in public toilets after his/her birth was taken away, and the defendant was found to have taken the body of his/her own after the adoption.

Although the father of the victim, who is the bereaved family, wanted to be the wife of the victim, the victim's father is a person who provided a critical opportunity and cause for this decision, and is responsible for the death of the victim together with the defendant, so it is difficult to take into account the intention of not to punish the victim significantly.

However, in a situation where it is difficult for the defendant to raise his child while living separately with her husband, he was born, and the defendant was threatened with the crime of this case in an unstable psychological condition with the her husband when he was threatened with intimidation from her husband, and the crime of this case was committed in an unstable mind before the crime of this case. The defendant was the head of a usual family who had no criminal history before the crime of this case, and the defendant had three children who were aged between 12, 8, and 7 years old and older than 12 years old in addition to the victim, the punishment shall be determined as ordered by the disposition of this case, taking into account various sentencing conditions.

Judge Lee Jong-soo

Judges Jin Jinio

Judges Senior Jin-jin