A defendant shall be punished by imprisonment for 13 years.

One knife (No. 11) and one knife (No. 14) shall be confiscated, respectively.

Criminal facts

The Defendant was aware of the victim while working together with the victim C(54 years old) at the construction site, and the victim who scambling the scam had a bad faith to disregard his own reputation.

피고인은 2014. 11. 14. 18:00경 피해자와 통화하던 중 피해자에게서 자신을 무시하는 말을 듣자 피해자에게 “한판 붙자. 맞짱 뜨자.”라고 말하여 결투를 약속한 후, 만약을 대비하여 피고인의 집에 있던 회칼(총 길이 36cm, 칼날 길이 22cm)을 점퍼 안주머니에 숨기고 약속장소인 순천 D초등학교 운동장으로 갔다.

At around 19:50, the Defendant: (a) worn a scke in the above playground and was scambling with the victim; (b) when the victim was seriously affected by violence, the Defendant scambling the above knife in the knife knife of the victim, knife the knife at the edge of the playground, and caused the victim to die of the knife from the knife knife in the knife hospital at around 22:10.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

Defendant’s legal statement

Article 250(1)1 of the Criminal Code of the Republic of Korea provides that each police officer's statement of statement against E, F, and G shall report the investigation report (the result of the autopsy by the prosecutor), the arrest report of the police, the results of the prosecutor's investigation, and the report of the fact of the change of residence, the relevant legal provisions concerning the criminal facts applicable to the field and the photograph of the suspect's dwelling situation, and the reason for sentencing under Article 48(1)

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for up to 10 years (decision of a type): 2 (Special homicide): The factors to mitigate the crime of murder (pre-preparation and possession of a criminal attempt): The basic area of causing victims [decision on the area of recommending, scope of recommended punishment], 10 years to 16 years.

3. Determination of sentence: Imprisonment with prison labor for the defendant of 13 years shall be the victim who has made a normal appraisal of bad faith;