2018 Madicide 25

A person shall be appointed.

OO (prosecutions) and ○○○ (Public trial)

Attorneys OOO (KO)

February 9, 2018

A defendant shall be punished by imprisonment with prison labor for fifteen years.

Seized knife two knife (No. 2) shall be confiscated.

Criminal facts

On November 26, 2012, the Defendant, who entered the Republic of Korea on November 26, 2012, and was living together with the victim △△△△ (the age of 78) who was a Chinese national Korean, was diagnosed as a bipolartic disorder around August 8, 2017, and caused the lack of the ability to discern things or make decisions, on December 20, 2017: around 45: (a) around 40: (b) around 45: (c) around 20, 2017; (d) the Defendant sent the mother (the spouse of the victim) of the Defendant who died at the lower family of the Defendant’s ○○○-gu Seoul ○○-gu * * 1*

As a result, I tried to kill the victim by driving on the network.

Accordingly, the Defendant: (a) opened a kitchen with a kitchen knife (23cm in blade length) which was displayed in the kitchen at the above kitchen; (b) opened the kitchen at the rear side of the body, hidden and small room; (c) opened the victim’s head with his left hand; and (d) laid the victim’s head by using the said kitchen knife while playing TV on the benife; and (c) cut the victim’s title by using the said kitchen knife with the kitchen knife in the said kitchen knife; and (d) the Defendant brought the other kitchen knife (18cm in the said kitchen knife, this knife); (c) brought the victim’s left part of the victim’s kitchen knife in the said kitchen knife; and (d) made the victim knife his knife and knife his knife the part so far from the victim’s body.

Accordingly, the defendant murdered the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each inspection report, a written autopsy report, a report on the results of field identification, a gene assessment report, and a written autopsy and appraisal report;

1. Family Register (family relation certificate);

1. Seizure records;

1. Each investigation report (with respect to the knife knife knife knife knife knife 2), and the time from

1. The point of judgment: The defendant's medical record, duplicate certificate, and opinion;

Application of Statutes

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

Article 250(2) of the Criminal Act (Selection of Imprisonment)

1. Mitigation of mental disorders;

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

1. Confiscation;

1. Scope of sentencing under Article 48(1)1 of the Criminal Act: Imprisonment with prison labor for not less than three years and six months - 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] homicide 2 Form 2 (Ordinary homicide)

【Special Exemplarys】 Victims (Aggravated Elements) who are vulnerable to the crime, the surviving victims (aggravating elements) of mental disorder (a person who is not responsible for himself/herself, a mitigation element)

[The scope of recommendation and recommendation range] Aggravation, imprisonment with prison labor for not less than 15 years but not less than 3. Determination of sentence: 15 years;

[Unfavorable circumstances] The crime of this case is a crime of killing a victim, who is living on the network, in a cruel way with the kitchen knife, without any particular reason. It is a bad and absolute value. In addition, the Criminal Act considers the respect and love for a lineal ascendant as an essential part of our social ethics, and provides for aggravated punishment of murder against a lineal ascendant. The Defendant’s murder of his own knife, who is a lineal ascendant, is a fatal and anti-social crime, the use of the victim’s knife, resulting in a different knife from the kitchen in which the kitchen knife of the victim’s knife, and that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

[C] The Defendant recognized and reflected his criminal act. The Defendant committed the instant crime in a state of mental disability with a lack of normal judgment due to the Maternity of editing.

The Defendant voluntarily surrendered immediately after committing the crime. The Defendant is the first offender who has no record of committing the crime in the Republic of Korea.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of each of the crimes of this case, circumstances after the crime, etc. shall be determined as ordered in comprehensive consideration of various sentencing conditions prescribed by Article 51 of the Criminal Act.

Judges Park Nam-cheon, Counsel for the defendant

Judges fixed-type

Judges Kang Jin-han