209Gohap451 homicide, destruction of or damage to a corpse, abandonment of a corpse

Kim A (79 years old, South)

Hong Franscis

Attorney Jeong-ho (National Election)

November 17, 2009

A defendant shall be punished by imprisonment for twenty years.

One seized hacks, one shot-knife, two knife, one knife, one knife, one knife, and one knife shall be confiscated.

Criminal facts

1. Basic facts

On February 198, the defendant was unable to work continuously and repeated in one workplace after graduating from a high school, and was unable to find employment without any special reason to get 30 years of age, and he was able to listen independently from the victim Park Da1 (50 years of age) who was living together with the defendant's external third village.

2. homicide;

On June 24, 2009, from around 03:00 to 05:00, the Defendant: (a) got out of the Defendant’s house located in his house located in 403 Dongcheon-gu Busan Metropolitan City 3-dong Do ○○○ apartment x (b) the Defendant opened a door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the victim was opened late; (b) the Defendant got out of door door door door door door door door door door door door 2, which the victim was locked, she was locked up with the victim’s door door door door door door door door door door door door door.

The defendant refers to "the driver shall not leave the door, if the victim is no human garbage, and is employed anywhere on the last day, he shall not do so in such a way." The defendant's face at the time of the defendant's appearance and walking the clothes with a view to killing the victim, and the defendant has taken a knife (30 cm in total length, 18 cm in knife length) that is on the inside of the chill, and returned to the small room where the victim was a spacife.

The Defendant cited a knife knife with the victim’s chests and part of the knife, and knife with the victim’s 17ccife’s knife’s knife to enter the victim’s chests, so far, the Defendant killed the victim by driving the victim’s knife with the victim’s knife 6-7 knife along the victim’s left chest, and by cutting the engine knife of the left side knife and the blood knife, thereby cutting the victim’s knife into the victim’s chest.

3. Destruction and damage of carcasses;

On June 25, 2009, from around 00:00 to 05:00, the Defendant saw the body to prevent the murder in order to conceal the crime at the above house, and put the part from the left hand of the victim in a food blade (the total length of 30cc, 16cc in the blade) and a net (42cc in the total length) in the narrow room on the right part of the victim’s right part, left part, left part, right hand hand, and right hand hand hand in the ice box.

(2) At around 15:0 the same day, the Defendant: (1) purchased one saw from the left side of the aforesaid apartment unit to the right side of the water, (2) purchased one cement spawn, two spawn, one spawn, ten spawn, one yellow tape, etc. from the above house to the right side of the instant apartment unit; (3) removed knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kne-kn-kne-kn-kk-kn-kne-kn-kne-kn-kkn-k-k-kk-kk-kk-ker-kne-kk-k-k-k-kel-k-kel-k-k.

4. Abandonment of a dead body.

From 05:00 on June 26, 2009 to 07:00, the Defendant: (a) destroyed the victim’s body to 13 minutes; and (b) leased the victim’s body and the victim’s body to hacksaws, hacksaws, etc. to hacks, hacks, and hacksaws used when the victim’s body is damaged; and (c) leased the victim’s body to 25 hack SM5 car parked on the apartment parking lot in advance, divided it into the hacks, hacks, hacks, and hacks; and (d) operated the said car from 00 on June 26, 2009 to 0, the Defendant left part of the part of the victim’s body, such as hacks, kneks, and kneks, from 3 packs to kneks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor of the prosecution against Park C3 and Park Jong-C2;

1. Statement of each police statement on the Table C4, Park C5, C6, and Park C7;

1. Protocol of inspection;

1. Seizure records;

1. A written autopsy and appraisal;

1. A death diagnosis report or a written autopsy report;

1. A contract for the lease of a medicine or a vehicle in an apartment;

1. Photographss, carcasses, vehicles and internal articles of evidence, and related photographs of seized articles;

1. Each investigation report (verification of kinship between the suspect KimA and the victim Kim-A, confirmation of kinship between the victim Kim-A and the victim Kim-C1, confirmation of the victim's family member's relationship, arrest police officer's telephone hearing, hearing of the suspect's mother c5 telephone statement by police officer, examination of whether the suspect's right to institute a public prosecution on the theft, confirmation of the cases of concurrent punishment for death, attachment of judgment sentenced to imprisonment for life on the same type of case, attachment of judgment sentenced to imprisonment for life, cement of the suspect, etc.;

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of limited imprisonment) , Article 161(1) of the Criminal Act (the point of causing death and bodily injury) , Article 161(1) of the Criminal Act (the point of causing death and bodily injury)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (Concurrent Punishment for homicide with the largest penalty)

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act

[Scope of Punishment] Imprisonment with prison labor for 5 years and 22 months;

[Special Person under way] Destruction and Damage (the Prosecutor's Office shall determine the "victim who is a lineal ascendant as an aggravated element among the special scams in the sentencing guidelines" based on the scamity of the lineal ascendant and descendant, so there was an opinion that the above sentencing factors should include not only the lineal ascendant but also the external third village living together. However, the above sentencing factors should be regarded as an element to reflect the statutory difference in the statutory punishment for the crime of murder and the crime

[Scope of Recommendation] homicide Group, Type 2 (Murder by Ordinary Mos), Aggravation Area, Imprisonment with prison labor for not less than 10 years but not more than 13 years (a concurrent crime with no sentencing guidelines)

[No person in general] abandonment of the body or recovery from damage to the bereaved family;

【General Mitigation】 Inducing the Victim (General)

【Determination of Sentence】

1. Sentencing elements;

(a) Growth environment and social work experience;

In 1979, the Defendant was born within Kimcheon-cheon, to 2 South and North Korean women, and was born to the aged 6 years from the age of 1979, and the parents who operated amusement establishments were brought up to the age of 6, and was left to the recruitment for the first and third years from the first grade of elementary school. The Defendant stated at the time that he had a lot of dispute with this service relationship and that he was suffering from mental suffering. From the fourth grade of elementary school, the Defendant was able to live together with his parents, and the Defendant was able to receive physical punishment at the time of her life with his parents, and the Defendant was able to receive physical punishment at the time of her life with his parents, and the Defendant was able to take care of her life with her parents for 20 days at high school. While she was found to have committed delinquency at the time of her high school, the Defendant did not want to have a school relationship. The military duty soldier at the age of 22, but did not have been able to start her work at the 16 months or more.

(b) Criminal records;

Defendant was sentenced to a fine of KRW 500,000 on October 12, 2007 in the Daegu District Court Kimcheon Branch of the Daegu District Court for the violation of the Establishment of Homeland Reserve Forces Act.

C. Defendant’s character and risk of recidivism

The Defendant is under self-esteem, and the Defendant is unable to divide a deep emotional vice-principal with others, enjoying a large-person relationship, and enjoying it, and has a character that is defeasible and without the awareness of the objective of suppressing the dissatisfaction and concern. These characteristics are typical features of the person who grow up without love from his/her parents or their surroundings, and the Defendant statements that he/she was in a prudent nature from time to time without gathering care from the family government or his/her mother who raises him/her, and that he/she was in a positive nature without gathering care from the upper or his/her mother.

As a result, a professional examiner conducted PC-R (Psychopahy Chockist-Red) to measure the possibility of recidivism by a violent offender against the defendant and whether he/she has a walket, it is difficult to view the defendant as a walp sp sp sp sp 16 points out of 40 points, which fall short of 25 points, and it is not a high risk group for recidivism.

(d) Details of the crime;

The Defendant was able to listen to and raise a complaint on the ground that he was unable to find employment from the victim, who was in the normal third village. However, on the day of committing the crime, the victim did not take a bath as well as assault, and did not take part in the knife, and was knife to commit the instant murder.

In light of the fact that the Defendant dices alcohol on the day of the crime, but the Defendant committed the crime by using the knife in the kitchen, and committed the crime by using the knife in the small room, and the victim’s left chest was deep, and attempted to conceal the crime by removing the blood trace of the living room and the toilet after the crime, and releasing the C2 by shouldering it, it seems that the mental and physical disorder did not reach the state of mental and physical disorder.

The Defendant’s murder crime was committed on the left chest of the victim who is a fatal father, so far as the knife has reached the knife so far, so far, the victim died of the knife by cutting off the knife and the knife.

E. The circumstances after crimes

After committing murder, the Defendant used the murder, thereby eliminating the bloods of the place where the crime was committed, and divided the body into 13 parts by using a hacksaw and knife, etc., and attempted to thoroughly conceal the crime by attaching the body that the mother of the Defendant left to the third degree on the front door of the defect that the Defendant did not contact with the victim. In addition, the Defendant stated that the victim’s children, who are the bereaved family members of the victim, who were the victim’s bereaved family members, were unable to engage in any conduct after murder, was seriously punished against the Defendant, and the Defendant did not take any measures necessary for the recovery of damage.

However, after the discovery of the crime, the defendant was aware of the crime, and reflects his mistake in depth, and considering the victim's attitude in mind, the defendant was the preference against the defendant in consideration of the defendant's mother's wife.

2. Determination of sentencing

The crime of murder requires the strict punishment for infringing on the life of the person who is the most respected value. On the day of the crime, the victim committed a cruel and assault against the defendant on the basis of his employment on the day of the crime cannot justify the murder. The Defendant committed a cruel act, such as murdering out third village, which is a relative, by blocking the body to conceal the crime, and due to such act, the Defendant committed a serious shock to the general public as well as the bereaved family members. In addition, the Defendant did not take necessary measures to recover damage to his bereaved family members. Accordingly, the Defendant did not take any measures to recover damage. Accordingly, even though the Defendant did not have any criminal record more than a suspended sentence, the emotional vice-principal is weak in the course of the unspited growth, and even if the victim’s siblingss desire to take the Defendant’s wife, the sentence is determined as per the order beyond the upper limit of the recommended sentence in the sentencing guidelines.

The presiding judge and the highest judge

Judges fixed-term

Judges Kang Han-hee