2013 Gohap309A. Bodily Injury

(b) Murder (the name of recognized crime: Death or injury);

(c)thief;

Claimant

A

Parkyang-ho (prosecution), Kim Jong-ho, Park Jong-ho, Cho Jong-ho (Trial)

Attorney B, C (State Ship)

April 11, 2014

A defendant shall be punished by imprisonment for fifteen years.

The request for the attachment order of this case is dismissed.

Criminal History Office

1. Injury, death, etc. to victims D;

The Defendant, from November 2009, was raising the victim while living together with the victim’s father and living together, and the victim was unable to abide by the hours of normal home or made a false statement, and used violence against the victim from time to time on the grounds that the victim did not abide by the hours of normal home, and stolen other things.

(a) Injury;

1) On May 13, 201, the Defendant inflicted an injury upon the victim’s residence of 111 Dong 2102, Dong 111, Dong 2102, and on the ground that the victim (five years of age at the time, she was the victim’s knife with the victim’s knife with his/her knife, with his/her knife with his/her knife, with his/her knife, and with his/her knife with his/her knife, and with the victim’s knife, with his/her knife, with his/her k

2) On May 21, 2012, around 16:30 on May 21, 2012, the Defendant laid off the left-hand frame for about 10 weeks to the victim, on the ground that the Defendant, at the Defendant’s residence in Ulsan-gun, F apartment 206 Dong 503, U.S., Ulsan-gun, 206, and the victim (six years of age at that time) returned back to the private teaching institute, and that the victim (six years of age at that time) returned back to the private teaching institute.

3) At around 15:00 on October 31, 2012, the Defendant: (a) left the Defendant’s residence of the F apartment No. 206 Dong 503, on the ground that the Defendant asserted the victim’s parents; (b) left the victim’s clothes and went to the bath room on the ground that he raised an objection against the victim; and (c) placed the victim’s son and son’s son who need approximately three weeks of treatment and rehabilitation treatment for about three months on both sides of the shower’s right hand and the son’s son’s son.

(b) Injury or death;

around 08:40 on October 24, 2013, at the Defendant’s residence, the Defendant continuously used violence against the victim (at that time seven years of age) on the ground that the victim stolened cash amounting to KRW 2,300 on the table of the table, thereby making a false statement again. From around 09:15 to around 09:15 on the same day, the Defendant ended as a drinking for about 35 minutes from the day on which he she marith of the victim, thereby playing a telegraph, such as a part of the victim’s mother, the victim’s side glass, and the part of the victim’s distribution.

Since then, around 9:45 of the same day, the Defendant, on the grounds that the victim's statement that the victim "I wish to do so," that "I wish to do so," did not go against the stolenness of the goods, and only want to do so, made a vindication, when the victim again starts with the head, spokele, etc. of the victim due to drinking and spokeing him/her, and the victim complaining of suffering, such as he/she has sporading down and spokeing him/her, and she spokes the victim's face, until 20 minutes of death, such as the victim's head, side spoke, and spoke, he/she made a discrimination against the victim's main parts of the body, including the head, side spoke, and spoke, of the victim.

At around 11:00 on the same day, the Defendant, upon considering the victim’s foregoing, caused the victim’s death to death due to a marbris from a mar of cage cage at the above site.

2. Larceny against victims G;

At around 10:30 on May 11, 2012, the Defendant discovered two out of 4.2 million won of the market price owned by the victim in the Ansan-gun, Ulsan-gun, H apartment 101 Dong 403, while holding parents' meetings for commemorative events at elementary school sponsorum 403, and stolen it by using any crepan around the surrounding area.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of J.K and L;

1. Statement of each prosecutorial statement concerning G and M;

1. Statement of each police statement on N,O, P, and Q;

1. AR statement;

1. Record of seizure - Pc

1. As regards the results of examination, autopsy report, clinical pathology report, investigation report, autopsy report, autopsy report, investigation report, investigation report (family relation certificate, registered copy), investigation report (the counter investigation report of the head of a private teaching institute), investigation report (119 first responder), investigation report (in relation to the investigation of CCTV on the victim's residence), investigation report (in-depth recording of the victim's CCTV on the victim's residence), investigation report (on-site re-verification), investigation report, investigation report (in-depth recording of CCTV on the victim's residence), post-location report, investigation report (in-house talent education), suspect (in-house talent education), post-mail report, investigation report, investigation report (in-house statement on Twit), investigation report, investigation report (in-house list of 112 cases), list of victims, etc., investigation report, investigation report, investigation report, evidence report, investigation report and evidence report by the victim, investigation report (in-house list of 112 cases), examination and treatment report, etc., investigation report by the police officer for the victim;

Application of Statutes

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

Article 257(1) of the Criminal Act (the point of each injury, the choice of each imprisonment), Article 259(1) of the Criminal Act (the resulting death or injury), Article 329 (the point of larceny and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes concerning Death or bodily injury, which is the largest penalty)

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 45 years;

2. Written recommendation and sentence in accordance with the sentencing criteria for the crimes of death or injury, and for each injury: Four years to thirteen years.

(a) A crime under subparagraph 1 (Death or Injury resulting from Injury);

[Determination of Punishment] In the case of death of a general injury caused by violence

[Special Aggravationd Persons] Aggravationd: The method of cruel crimes, victims vulnerable to crimes.

【Determination of Recommendation Area】 Special Priority Area

[Scope of Recommendation] Imprisonment of 4 years to 10 years

(b) Crimes of injury in subparagraphs 2 and 3 [the crimes of injury in subparagraphs 1-2 (a) and 3].

[Determination of Punishment] General Inflicting of Violence

[Special Aggravation] Aggravations: serious injury, cruel method of crime, victim vulnerable to crime.

【Determination of Recommendation Area】 Special Priority Area

[Scope of Recommendation] Six months to three years of imprisonment

C. The final scope of sentence

The result of the aggravation of multiple crimes (the upper limit of crime 1 + the upper limit of crime 1/2 + the upper limit of crime 1/3): 4 years to 13 years of imprisonment.

3. Determination of sentence;

Although the Defendant did not have a friendship with the victim, he was living together with the victim's father, and therefore, he was responsible for protecting the victim's body and emotional sentiments and raising the victim healthy. Nevertheless, the Defendant forced the victim to take an abnormal strict standard that does not meet the victim's age, and the victim expressed extreme mar, and abused the victim by using verbal abuse and assault, if the victim violated his age, even if he did so, and even if he was prosecuted, the Defendant abused the victim by using violent language and assault. The Defendant was charged with the abuse of the victim's body and emotionally, such as using the son's son's son's son and the son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

The Defendant, on the ground that the date of the crime of death resulting in death of bodily injury in this case, made a false violence against a victim who was not remarkably able to cope with the death of bodily injury, thereby causing the death of the victim. The Defendant, who committed larceny under paragraph (2) of the judgment of the court below, committed violence to the degree of death by taking a different double-level from himself/herself, cannot be deemed as an act by the purpose of decoration, and the Defendant’s use of violence to the extent of his/her death cannot be deemed as an act by the purpose of decoration. The Defendant’s use of violence to the extent of his/her death, such as the relationship between the victim’s father and his/her wife who

In addition, although it is not recognized that the defendant intentionally assaulted the victim of murder, the death of the victim can be said to be a predicted witness, in view of the fact that the defendant's assaulted the victim without any fluoral factor, and the fact that the victim died in the pain caused by the fluoral boom and the fluoring pain, and that the degree of the abuse of the defendant became worse, the victim's death can be said to be a certain degree of fluor.

Furthermore, the Defendant stated in the court to the effect that his crime is against himself, but according to other data such as the content of meetings after the crime, etc., the Defendant transferred his responsibility to the victim, rather than slicking, slicking, committing the death of the victim, and slicking, and slicking, the victim’s wall and false remarks became the cause of abuse, and the victim’s relationship with the victim’s father or his future is being examined first, and thus, the authenticity cannot be doubtful.

As such, the nature of the crime of this case is extremely poor, and the defendant is truely against the defendant.

Considering that it is difficult to see that the Defendant does not receive a written appearance from the bereaved family members of the victim, and that the victim’s bereaved family members want to be punished, and that child abuse crime is committed against a child who is in the guardian’s capacity and lacks physical, mental, and sexual violence that may impede the normal development of the child against a child who is in the guardian’s ability to defend, and thus, has a considerable negative impact on the future, not only the present child, but also on the future. Even if the child’s death does not lead to the death of the child as in the instant case, it is necessary to strictly punish the Defendant in light of the general sense that the frequency and intensity of the child are concentrated and high, and that a national consensus on this is formed.

On the other hand, there was a fact that the Defendant committed the victim before the victim’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s thirst, or her thirst, on the ground that her her husband’s her husband’s her husband’s son’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband’s her husband

In the end, the issue of perception and system on the protection of children throughout our society, such as the physical punishment of the name of discipline and violence within home, the incompetence and appearance of the surrounding sentiments, the so-called so-called so-called so-called “marination,” and the lack of budget and human resources, has also been combined. Accordingly, it is clear that the perception and system of the protection of children throughout our society may not prevent the recurrence of such incompetence only if the defendant is placed in a extreme sentence without considering such social problems. In determining the punishment against the defendant, the defendant’s age, character, and environment should be comprehensively taken into account in addition to the circumstances after the crime in question.

Therefore, in consideration of the conditions of sentencing as shown in the argument of this case, a sentence higher than the upper limit of the sentencing guidelines, such as the order.

Part requesting attachment of location tracking device

1. Summary of the request for attachment order;

A person who has committed a murder and is likely to recommit the murder crime.

2. The request for the attachment order of this case is dismissed in accordance with Article 9(4)2 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that the request for the attachment order of this case is groundless.

Parts of innocence

1. Summary of the facts charged

The Defendant murdered the victim at the same time and place as the criminal facts No. 1(b) of the judgment, taking the victim into consideration the same manner as the above criminal facts.

2. Determination

A. The Defendant consistently argues from an investigative agency to this court that the Defendant did not have any intention to kill the victim by assaulting the victim as stated in the facts charged, or that he did not have any intention to kill the victim.

The intent of murder is not necessarily recognized as a purpose of murder or a planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also a so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder, whether the defendant was a criminal intent of murder at the time of committing the crime should be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to committing the crime, motive, type and use of deadly weapons used, the part and repetition of attack, and the possibility of causing the death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

In light of the fact that this part of the crime was committed only at a place where the Defendant and the victim were only two, and the victim’s statement, which could have been the most important evidence, had already been lost the opportunity for examination of evidence due to the relationship between the victim and the deceased. Therefore, the court, considering that the defendant’s statement was heard, and that he was the perpetrator, should consider all the circumstances acknowledged by the evidence, reconvening the situation at the time of the crime by comprehensively taking into account the possibility of concealment or reduction of the defendant’s criminal act and making a statement, and then determining objectively and reasonably whether the defendant had the intention for murder.

B. According to the evidence duly adopted and examined by this court, the following facts are acknowledged.

1) The Defendant made a statement as follows on the background leading up to the death of the victim by assaulting the victim.

피고인은 범행 일자인 2013. 10. 24. 아침 7:00경(이하 일자 생략) 기상하여 피해자의 소풍 도시락을 준비하다 7:40경 피해자를 깨웠고, 자신이 전날 식탁 위에 올려 두었던 2,300원을 피해자가 가지고 갔다고 생각하여 수차 진실을 말할 기회를 주었으나 피해자가 이를 가지고가지 않았다고 거짓말한다는 이유로 화가 나 8:25경 피해자의 담임교사에게 전화를 걸어 피해자가 몸이 아파 현장학습에 참여할 수 없다고 말한 후, 주먹으로 피해자의 머리를 몇 대 때리다가, 피해자가 이를 피하여 도망치자 피해자를 따라 가 발로 피해자의 몸통을 수 회 가격하였다. 이에 피해자가 무릎을 꿇고 앉아 잘못했다고 빌고, 피고인도 속상하여 같이 앉아 펑펑 울다가 피해자가 피고인에게 다시는 거짓말을 하지 않겠다고 말하면서 다가오자, 피고인은 화가 덜 풀린 상태에서 주먹으로 피해자의 머리, 복부, 양쪽 허리 부분을 수차례 더 때리다가 피해자에게 방으로 들어가라고 소리 질러 피해자로 하여금 방에 들어가게 했다.

이후 피고인은 마음을 가라앉히기 위해 거실에서 커피를 마신 뒤 조금 있다가 9:15경 J에게 전화를 걸어 피해자가 소풍에 갔다고 말한 후 전화를 끊고 TV를 시청하고 있었는데, 피해자가 핏기 없이 창백한 얼굴로 방에서 나와 '엄마 미안해요, 그런데 소풍 가고 싶어요'라고 말하였고, 이에 피해자가 반성하지 않는다는 생각이 들어 다시 화가 나 주먹으로 피해자의 머리를 때리고 발로 옆구리, 배, 다리 등을 수회 차자, 피해자가 거실 바닥에 주저앉았다. 이때 피해자의 얼굴에 핏기가 없고 창백해보였으나, 피고인은 재차 주먹으로 피해자의 머리를 때리고 발로 피해자의 다리, 옆구리, 배 부분을 세게 수회 찼다. 이후, 피고인은 J이 피해자가 멍든 것을 발견하게 될 것이 두려워 거실 바닥에 주저앉아 울고 있던 피해자에게 욕실에 들어가 반신욕을 하라고 지시하였다. 이에 피해자가 매우 천천히 일어나 스스로 욕실 앞에서 옷을 벗은 후 욕실 문을 열고 들어가자, 피고인은 안방에서 이삿짐 정리를 하였다.

A defendant, who is not a victim's bath room for about one hour, opened the door to the victim's bath room. The victim discovered that he was sworn out, and the defendant thought that he was sworn out. Accordingly, the defendant did an act, such as dusting shower with the victim after deducting bathing water, or breatheing with the victim's body. The defendant again saw that the victim was sworn out of the room. The defendant thought that the victim was drinking much water, and caused his finger to the victim, so he did not put his finger into the victim's room, and again sworn out of the victim's room. While the victim was sworn out, the defendant again sworn out of the room, and sworn out of the body of the victim, and sworn out of the body of the victim, and sworn out the victim's breast again, and sworn out of the body of the victim. The defendant again sworn out of the body of the victim.

2) At around 11:22, the Defendant reported to 119 by telephone, and the Counseling Institute directed the victim to repeatedly pressure chest pressure and pulmonary resuscitation so as to reach at least 5cm, and the Defendant dysing out the bones of the victim. The Defendant dys the bones of the victim. The dysium led the victim to the victim’s dysium and sound. The dysium led the victim to continue to perform cardiopulmonary resuscitation, while the dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium dysium.

3) At the time emergency medical service workers arrive at the around 11:27 site, the victim was fluorily fluored around his/her entrance and nose. The victim was laid off from all clothes in front of his/her bathing room and was imprisoned with water. Despite the implementation of cardiopulmonary resuscitation treatment by first aid workers, he/she was sent back to the hospital immediately because pulmon and heart breathly no longer existed, but he/she did not appear at the time. Under the front of his/her bathing room, he/she was found at the place where the victim was suffering, but he/she did not have a blood trace. After that, at the blood shoot test using blusium, there was no blood trace at the front floor of his/her bathing room, and the victim was found at the body of the victim and the victim was found at the body of the body of the victim and the body of the body of the victim was found at the body of the body of the victim and the body of the victim was found at the body of the victim.

4) In full view of the result of the autopsy of the victim’s body and the statement by K K in this Court, the following facts are recognized.

A) At the time of the death of the victim, the victim was a child of 7 years of age, key 123 cm, weight 20 km, and physical size of 20 km, and the Defendant was a physical size of 16 cm and 58 km in weight.

B) Four Governments of the victim, one side side of the two sides, one side of the right side, and one side of the two side of the victim’s brain stroke, and one side of the brain strokes under the brain strokes are observed, and according to this, it appears that approximately five external forces were performed on the head side of the victim’s head. However, the damage to the head side was not fatal in light of the fact that there was no occurrence of damage to the head side of the victim’s strokes or brain strokes, etc.

C) The victim’s face has been covered by the avoiding type due to the pulmonary damage, and there was a sacrife inception, which appears to be by the sacrine, and the sacrine with the right sacrine was observed. However, there was no obvious damage on the face of the victim, such as the face or the sacrife.

D) On the left side of the victim’s body, 12 x 12 cm and 18 x 12 cm from the side of the right body side of the victim’s body respectively, the 12 cm and the 12 cm range were observed from the side of the damaged part, and the part chronic cystrosis was seen from the right turb, but there was no significant damage on the part of the victim’s chest, but there was no hurry, hurry, chest, and ship. However, there was a significant fault on the part of the victim’s chest, which appears to have been caused by the implementation of cardiopulmonary resuscitation.

E) From among the victim’s cages at the victim’s cages, the victim’s cages were 8 to 11 back of the left side, the front and side of the left side of No. 5, and the part of the right side of No. 4 to 9, and the part of the right side of No. 7 to 10, and the part of the right side of the victim’s sages were frying and outing. There were 200cc blood on both sides of the victim’s sages, respectively, and the victim’s blood was found on the back side of the fages, and the heart was found on the back of the fages. In addition, considering the victim’s right side fry, the victim’s pulmonary cage and blood transfusion were found on the side side of the fages, but there was no other exceptional harm to the victim’s fage other than the faged faged side of the Defendant’s body.

F) There was no significant damage to the victim’s actual, long-term, and half-year discipline, and there was no other military opinion that could be considered as a private person in the internal organ.

G) The victim is deemed to have died due to the damage to the soil of the victim (the cage of the cage cage cage cages, duplicate cages, and the removal of both the substance of the waste). The result of the above death appears to have been caused by the external force of both sides of the victim. The result of the death appears to have been caused by the external force of both sides of the victim. In light of the quantity, it is formed by relatively biased and strong objects that are not included in each part of the cage cage cage, etc., and the damage found from the left side cage cage or the right mack tum

C. Whether the Defendant had the intent to murder the victim at the time of committing the instant crime

We examine the general principles and facts of recognition as seen earlier.

1) In light of the fact that the defendant, as a head of the victim's body in drinking for a total of ten minutes, prices the body of the victim's body flickly, and that the victim's flicked 14 (in the case of the bones 5 and 6, the left side of the victim's 5 and 6, the possibility that it might have been cut off in the process of cardiopulmonary resuscitation cannot be ruled out, excluding the possibility that it would have been cut off in the process of cardiopulmonary resuscitation, and that part of the bones of the flick flick was killed in both flick flick for a time when the victim completed violence, the defendant was 16 cm, 58 km weight. On the other hand, the victim was 123 cm, 20 7 cm, 70 cm with body size of the victim's previous assault, and the victim did not have a flick face of the victim in light of the fact that the victim did not have a flick flick.

2) However, the following circumstances acknowledged by the facts as seen earlier, i.e., (i) the Defendant consistently denied the intention of murder from the police investigation stage to the court of first instance while recognizing the death of the victim due to his assault; (ii) the Defendant continuously took advantage of the victim’s minor mistake under the name of discipline; (iii) there is no circumstance to deem that the Defendant’s intention of murder occurred on the day of the instant crime, and (iv) there is no other circumstance to deem that the Defendant’s death was caused by the victim’s house. However, on the day of the instant case, it appears that the Defendant could have used a deadly weapon or dangerous object if the Defendant had her mind by using a deadly weapon or dangerous object; (iv) even if the Defendant used a breathous weapon at the time of the instant crime, it is difficult to readily conclude that the Defendant had a breathous and breath of the body of the victim, and thus, it appears that the Defendant continued to have been aware of the victim’s body and the body of the victim.

6) Even in light of the victim’s age and physical strength, it is difficult to view that Defendant’s act on the side of the victim’s body is an act of using a deadly weapon or in comparison with that of taking a head, etc., as the means, method, and form itself, which is highly likely to cause death or highly likely to cause death, and that Defendant cannot exclude the possibility that Defendant does not recognize that his harmful act would cause death as a result of the death of the victim.

(2) After the lapse of one hour, the Defendant made a detailed statement about the following circumstances: (a) the Defendant discovered that the victim was able to take a bath and take emergency measures, and filed a 119 report; (b) the Defendant’s statement from an investigative agency to the court; (c) the Defendant, in a ward, etc. which is the place of the crime, found the blood trace and found only outside the bath room and the bath room; (d) there was no evidence showing that the victim was able to have been able to know whether the victim was able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to have able to have been able to have been able to have able to have.

3. Conclusion

Ultimately, since this part of the facts charged constitutes a case where there is no proof of criminal facts, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found guilty of the crime resulting in bodily injury contained in this part of the facts charged, the sentence

The presiding judge, the Full Judge Line

Judges Senior Professor

Judge Lee Jae-ju