(영문) 서울중앙지방법원 2014.4.25. 선고 2014고합136 판결

The seized Orala shall return to C the victim one (No. 244 No. 244 of the pressure of the District Prosecutors' Office in the Republic of Korea, No. 2014), one of the two keys (No. 2 of the same proof), one of Mauritius (No. 3 of the same proof), one of Mauritts (No. 4 of the same proof), one of Round learning (No. 5 of the same proof), one of Roar learning (No. 6 of the same proof), and eight (No. 6 of the same proof) of one thousand won per day.

Reasons

Criminal facts

[2014Gohap136]

The defendant had a good appraisal on the ground that the victim D (V, 19 years of age) who is a birth in Pyeongtaek elementary school, contacts the defendant annoyingly.

At around 21:00 on January 22, 2014, the Defendant: (a) was living together on the ground that, in the residence of the Defendant located in Jongno-gu Seoul Jongno-gu E, F, who was living together on the ground that it would be slick; (b) her mother had access to the Internet Pest site in which she had a serious quality and slick, and had talked with the victim while exchanging the letters with the victim, the Defendant was able to kill the victim at the end.

The Defendant promised to meet the victim with the victim on the day following the test that the Defendant would be able to kill the victim, and prepared to commit the crime to kill the victim by taking out the transition (13.5cm in blade length, 24cm in total length) from the main line of the Defendant’s residence.

On January 23, 2014, around 17:30, the Defendant 17:30, the Defendant drinking the victim at the H restaurant located in Jongno-gu Seoul Metropolitan Government Jongno-gu G, and then 18:24 on the same day, the Defendant called the Seoul Jongno-gu I Underground Sing room along with the victim.

The Defendant, at the above singing room 106, 19:25 on the same day, talks with the victim for about one hour with the victim, and 19:25 on the same day. “The preparation of the mind is changed to a short time,” and the Defendant was aware of the victim, and the part of the victim’s name in advance has reached one time, and the victim was prevented from suffering the victim from suffering from the victim’s left hand, and the victim tried to kill the victim more than 10 times with the back part of the victim’s name. However, the Defendant attempted to murder the victim more than 10 times on the back part of the victim’s name. However, the Defendant did not have attempted to stop with the business owner and employees of the singing room, which had been in the singing room 106.

[2014Gohap235]

On January 24, 2014, around 02:00, the Defendant brought the key to clothes located adjacent to the victim by taking advantage of the gaps in which the victim C was locked due to the negligence of care in the 6th floor, and went to the underground parking lot by putting clothes, such as the victim’s kis, kis, and kis, which contain the key inside the victim’s clothes.

As above, the Defendant was driving by putting the victim's seat on the CT10 Oba, which was parked in the underground parking lot by using the key.

Accordingly, the Defendant stolen 83,00 won in cash owned by the victim, 83,000 won, sports earth lottery tickets, Otoba keys, key, stringer, twitts, booms, and Otoba.

Summary of Evidence

[2014Gohap136]

1. Defendant's legal statement;

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

1. Each police protocol of statement against M, N, orO;

1. Investigation report (related to the statement of the victim's will in charge), investigation report (Attachment to clinical records, such as photographs of the body part of the victim), seizure records (Preparation of Security P), and verification records;

1. A written diagnosis of Qua;

1. A written appraisal by the Seoul Scientific Investigation Institute;

1. Photographs, photographs, photographs, photographs (the contents of conversations between the defendant and the victim divided), photographs (the clothes that the victim sustained at the time of damage), photographs, photographs (the photographs taken at the time of on-the-spot verification), and sales slips for each credit card;

[2014Gohap235]

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Seizure records (Preparation of detailed R);

1. Photographs of seized articles;

Application of Statutes

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

Articles 254, 250(1)(the attempted crime, the choice of limited imprisonment), 329(the thief and the choice of imprisonment) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the Criminal Act shall be concurrent crimes with the punishment prescribed in the crime of attempted murder.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Return to a victim;

Article 333(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not less than five years but not more than 36 years;

2. The scope of recommended sentences according to sentencing standards;

(a) Attempted murder;

[Determination of Punishment] homicide, Ordinary homicide (Type 2)

【Special Person under way】 A planned murder, serious injury

[Special Mitigation] Self-denunciation

[Decision of the Recommendation Area] Aggravation (at least 15 years of imprisonment or imprisonment for life)

[Scope of Recommendation] Since the crime of murdering with imprisonment for not less than five years or for not less than five years, the minimum limit of the recommended sentence (15 years of imprisonment) shall be reduced to 1/3 and the upper limit (not less than imprisonment) to 2/3 shall be reduced to 2/3, respectively. However, "not less than imprisonment" shall be reduced to 20 years and applied to weapons.

(b)thief;

[Determination of Punishment] thief group, thief for general property, general thief for general property (Type 2)

[Special Mitigation] Self-denunciation

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment with prison labor for not less than four months but not more than ten months: Application of standards for handling multiple crimes: Imprisonment with prison labor for not less than five years or imprisonment for life (one-half of the upper limit of the punishment scope of larceny in the upper limit of the punishment of attempted murder, which is a basic crime)

(d) Adjustments according to legal penalty: Imprisonment with prison labor for not less than five years but not more than 36 years;

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

The crime of attempted murder of this case was committed by the Defendant with a conclusive intent to kill a victim by singing out 10 times, which was planned by inducing the victim in advance, on the ground that the Defendant argued in writing at the victim and the Internet site prior to the day of the crime. It is not good to commit the crime. The Defendant’s crime committed the crime of this case, where the victim suffered serious injury, such as multiple scarbs and scarbs, etc. requiring medical treatment for about 12 weeks, 8 hours, 7 days in the middle patient room, and 25 days in the middle patient room, and the victim was hospitalized at the hospital for about 25 days, and it was inevitable for the victim to feel serious anxiety in the public place where many unspecified people gather, including medical treatment expenses, and the Defendant’s attempted murder of this case, and the Defendant committed the crime of larceny corresponding to his responsibility for the crime of this case.

However, after the defendant committed each of the crimes in this case, he/she voluntarily surrenders to the investigative agency; the defendant consistently led to the confession from the investigative agency up to this court to the whole of the crimes; the defendant shows the appearance of his/her mistake; the first offender; the defendant's age, character and behavior, family environment; and all of the sentencing factors specified in the arguments in this case, including the defendant's age, character and behavior, family environment, etc.

It is so decided as per Disposition for the above reasons.