2015 Gohap87 homicide

A

The last place shall be (prosecutions) and Kim Il-il (Trial)

Attorney Choi So-gu (Law Firm Gyeong-gu)

July 9, 2015

A defendant shall be punished by imprisonment for seven years.

Criminal facts

The Defendant, one’s wife A (ma, 65 years old) had any doubt that there was a wind for other male, and the symptoms have deteriorated, and from July 5, 2014 to December 23, 2014, the Defendant released the victim from the hospital under the Gyeonggi-do Ethical City from the hospital for six (6) months under the name of sick, such as a net disability, etc. * (the hospital’s mother was forced to be hospitalized in the above mental hospital). The Defendant was dissatisfied with the victim’s complaint.

The defendant, when he lacks the ability to discern things or make decisions due to the thal disorder, on March 3, 2015: 20:0-21:00 on March 3, 2015, 2015, the defendant was aware of the victim's inside the house of the defendant *** he is suspected of being divorced from the victim, and "I want to get a mental hospital back to the mental hospital? I want to hear the words "I want to go back to the mental hospital?" The defendant's refusal to get the victim back to the mental hospital even if he did not want to get the victim back to the mental hospital.

Then, the Defendant: (a) caused the victim, etc. who was frighting back from his side and frighting the wall to the wall, and (b) caused the victim’s neck to the left part and faced with the left hand, etc., and (c) caused the victim to die by a breadbly pressure on the part of his side, and (d) caused the victim to die by a breadbing of the victim’s neck.

In this way, the defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A corpse of autopsy;

1. A report on internal investigation (Attachment, such as field photographs);

1. Protocol of inspection;

1. A written autopsy and appraisal;

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 (Selection of Imprisonment)

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years; and

2. Application of the sentencing criteria;

[Scope of Recommendation] Class 2 of the homicide (Monopoly homicide)

【Special Mitigation Elements 【Special Mitigation Requirements】

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

After having been receiving treatment at a mental hospital with a large quantity of six months due to a dynamic disorder, such as her pain, the Defendant committed a crime of murdering the victim's stroke because of the victim's thought that "I want to go back to a mental hospital again" from the victim who was the wife at the time of the instant case, he was committed by strokeing the victim's stroke because I want to go back to the mental hospital and might go back to the mental hospital.

In light of the fact that the defendant's act 50 years after marriage strokes the victim's life, which is the most valuable value, and the defendant's act is an anti-humanistic act, anti-social crime, and the bereaved family's suffering and suffering from the victim's death, it is necessary to punish the defendant with severe punishment corresponding to the crime.

However, it is deemed that the defendant committed the crime in this case in a state of mental disorder caused by the loss, the defendant committed the crime in a state of mental disorder, the defendant seems to have been in a state of serious mental disorder disorder, such as avoiding the Doraradist immediately after this case, and attempting suicide by drinking the first system, etc. The defendant could have reported directly after this case, the defendant is currently aged 75 years old, the first offender is considered as favorable circumstances, such as the defendant's age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of sentencing specified in the argument of this case shall be comprehensively considered, and the punishment shall be determined as ordered.

Judges Song-ho

Judges Kim Jong-Gyeong

Judge Maximum-type Reserve