2017Gohap81 Murder Attempted

A person shall be appointed.

Lee Jin-sung (Court of Second Instance) (Court of Second Instance), Jin-jin (Court of Second Instance)

Attorney Shin Doh-ri, Masan

June 21, 2017

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

To order the accused to provide community service for 240 hours.

Criminal facts

The Defendant was a spouse married to the Victim Ma○○ (the 69 years of age) and around 2002, and was suffering from conflicts with each other due to frequent and equitable disputes between ordinary people. On September 22, 2016, the Defendant was sexually victimized by the Victim’s Macul and Macul for several years.

On December 16, 2016: at least 00, the Defendant exceeded clothes in the inner bed room in response to the demands of the victim's sexual intercourse within the residence of the Defendant and the victim, who was in possession of them with the victim, at least 00 p.m., cut off a knife ( approximately 27cm in blade, approximately 41cm in length, about 41cm in length) where the victim left the bed, without any particular reason, and then cut off the inner part inside the Defendant's right buckbuck, and she did so on one occasion, and she did so without having to kill the victim's face, such as she tried to kill the victim, she tried to kill the victim with the victim's knife "h, knife, knife, and knife the victim's knife", but she did not have the victim's left knife, such as so on.

Summary of Evidence

1. The defendant's partial statement in court;

1. Legal statement of the new witness;

1. Each police station and each prosecutor's protocol of examination of the accused;

1. Statement of the police statement of the new insurance company;

1. On-site inspection records, on-site collection (on-site collection), a water list, physical records, damaged parts, and the site of the case;

The results of the investigation of the deceased (victims) photographs, the results of the investigation of the deceased, and the investigation report (the legal officer of the Seoul National Institute of Scientific Investigation).

Excursion currency), autopsy appraisal report, appraisal request report, gene appraisal report, inquiry inquiry report.

1. Details of medical care benefits, such as written indictment, written decision on transfer, etc. (victims);

1. Records of seizure and the list;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 254 and 250(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Social services;

Article 62-2 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

A. The victim first knife knife knife knife knife knife that knife knife knife knife that knife knife knife that knife knife knife, that knife knife knife the knife, that knife knife the knife that knife knife the knife knife

B. The victim attacked the defendant in a knife and caused the defendant to be exposed to a extreme threat to the defendant. At the same time, the victim started self-harm and the victim was also placed in a dangerous situation. As such, the defendant suffered bodily injury from the victim in the course of cutting the knife from the victim in order to protect the present unfair infringement on the life and body of the defendant and the victim, and in order to not cut the knife the knife again, the defendant's act constitutes self-defense in which illegality is avoided.

2. Facts of recognition;

In addition to the whole purport of the evidence duly adopted and examined by this Court, the fact of multiple facts is recognized.

(a) Marriage life, etc. of the accused and the victim;

1) Around 2002, the Defendant and the victim married the victim. Since then, the victim was unaware of the victim’s business, and the victim committed assault and assault against the Defendant and the victim.

2 ) 피해자는 2012 . 12 . 3 . 09 : 30경 주먹으로 피고인의 얼굴을 3 ~ 4회 때리고 피고인 의 머리채를 잡아 거실 바닥에 2 ~ 3회 찧는 등의 폭행을 하였고 , 피고인도 이에 대응하 여 손톱으로 피해자의 목 부위를 할퀴고 입안에 손가락을 집어넣어 후벼 파는 등의 폭 행을 하였다 ( 수사기록 341 , 342쪽 ) .

3) On January 5, 2016, at around 20: 14:20, the victim affixed the Defendant, who was frighted in the bed zone, and then sealed the part of the Defendant’s e-mail, and then sold it by drinking, sold, leg, etc., on several occasions (around 370 pages of fraud).

4) On September 22, 2016, around 12:40 on September 2, 2016, the victim assaulted the Defendant’s head 2 to 3 times by cutting down the Defendant’s neck. In response, the Defendant also committed an assault, i.e., cutting down the victim’s left back head 6 to 7 times by cutting down the hacks (37, 338 pages of the investigation record).

5) On October 25, 2016, the victim: around 07:20 on October 25, 2016, the victim: (a) killed the Defendant, who was preparing for an adverging house; (b) throw away the knive knife; and (c) destroyed the knife knife knife knife knife knife,

6) On December 13, 2016, the victim stated to the effect that he/she would die and die himself/herself with a new △△, which was close to a long-term period of time on December 13, 2016 (in the second protocol of the trial, 5 pages and 55 pages of the investigation records, which are the witness examination protocol against the new witness with respect to the new △△).

7) Meanwhile, after September 2016, the Defendant stayed in the victim’s house at the end of the week, but at the end of the week, the Defendant had been in the victim’s house. However, during the ordinary day, the Defendant had been in the victim’s house while residing in his/her relative house, and had prepared the victim’s house and returned to his/her family house at the same time.

(b) Health conditions of the accused and victims;

1) At the time of the instant case, the Defendant was 36 years of age, with about 161cm in height, about 58km in body, and the victim was 69 years of age, with about 155cm in height, about 44km in body.2)

2) On January 7, 2016, and January 14, 2016, the victim: (a) was exempted from the investigation records on the following grounds: (b) on February 18, 2016, on May 11, 2016, and on May 12, 2016, the victim was exempt from the investigation records: (c) on the following grounds: (a) the victim was aware of the following: (a) the victim’s unknown dementia in detail at the National Health Service Hospital at the National Health Service; (b) the victim was exempt from the investigation records from the investigation records on September 30, 2016, from the Geman’s adaptation from the Geman’s Department of Health at the National Health Service; and (d) the victim was exempt from the investigation records on the 3-year 13-year 16-year 16-year 201.

(c) Rescue of victims from office;

The victim's house has a door at a small space and on the left side of the front door to open the front door. There are two new doors after the front door (22 pages of investigation records). A corridor leading to a ward when the new door has passed to the right, and there is a small room on the right side of the corridor (23 pages of investigation records). After the passage of the new door, there is one room (23 pages of investigation records). On the left side of the above corridor, the room is opened on the left side, there is a main room and a restaurant on the right side, and there is a door on the right side (23 pages of investigation records). The above door is opened on the right side of the movement room, and there is another door on the right side, and there is a large room to open the above door. The above door leads to the right side of the entrance, the passage leading to the upper side of the upper side, and there is a large amount of room to narrow the investigation records, and there is only two 5 pages of investigation records.

D. The situation immediately before the instant case

1) On December 16, 2016, the Defendant completed the work around 07:00, and prepared a house with the victim’s house, and completed the preparation for the house of the victim to go to the school, and first, he could not go to the school, which was suffering from the Domination of the Domination of the first, and then was in the office of the victim, together with the △△△△△△.

2) On December 16, 2016, the victim was in close vicinity of the usual hall around the end of the day, and returned to the house after eating Dog and the victim’s house. The new Dogdong on the same day: 15:00 on the same day, visited the victim’s house and visited the victim’s house to a sports organization for a time at around 16:30 on the same day.

3 ) 신□□이 나간 후 피고인은 정△△의 방에서 정△△과 함께 잠이 들었는데 , 20 분쯤 후에 피해자가 정△△의 방으로 와서 피고인에게 나오라고 하여 피고인과 정△△ 은 잠에서 깼다 . 이에 피고인은 피해자를 따라 안방으로 들어갔다 .

4) The Defendant, at the victim’s request of a sexual intercourse, was a cleaning agent, was unable to have his body in a toilet which is close to the inner bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the bet of the victim, and the victim exceeded his clothes and accumulated in the right side of the Defendant.

5) At this time, the knife knife (the total length of 41cm, the knife length of 27cm) which was laid in advance under the largest benife, led to a knife inside the right buckbucks of the Defendant.

E. Circumstances immediately after the instant case

1) On December 16, 2016, the victim's apartment CCTV image of the elevator of the victim: around 01, the body was 01, and the body was 13th floor of the victim's 14th floor after getting on the elevator from the third floor where the victim's panty is located and getting off from the 13th floor in the shape where the victim's panty house was spanty, and then the elevator was 17:05 on the same day, the 4th floor was used after the defendant, the spanded into the elevator, and the first floor was moved into the elevator, and the elevator was 17:07 on the same day.

2) Afterwards, the victim was found to have died from the floor of the apartment chemical unit in question, and was used in the elevator, and the Defendant discovered by the security guards, who was sent back to the right side left-off and the left-hand hand-hand hand-on and sent back to the Incheon National University Mangsan Hospital.

(f) Results of appraisal, such as field identification, autopsy, autopsy, etc.;

1) Results of field identification

A) At the victim’s house, a large quantity of bloodtains were confirmed from the inner room to the floor of a corridor with a string, a bend, a wall side wall of a door, and a toilet between the inner room and a room with a large amount of toilets, through a ward at the large room with a sports organization (2-27 pages of investigation records). The bloodtains from the victim’s front door to the fourth floor were turned down to the fourth floor of the fourth floor, based on the stairs that were turned down to the fourth floor. However, a large quantity of blood shoots on the front floor of the fourth floor of the elevator, which were found to have a 403th floor and the first floor of the elevator, and the first floor to the first floor to the fourth floor to the fourth floor to the first floor to the first floor to the fourth floor to the first floor, and the first floor to the fourth floor to the first floor to the fourth floor to the first floor to the first floor to the fourth floor to the first floor to the fourth (15th to the first floor to the first floor to the fourth floor to the first floor to the first floor.

B) The entrance of heading 404, who is going up to the fourth floor through stairs from the third floor, was discovered immediately below the door (the 16th page of the investigation record).

(C) In the body of the injured party, approximately 8.0§¯ 4cm on the left side, approximately 11cm 6cm on the right side 5cm), about 10cm east on the right side 7cm, about 3cm on the upper upper part, about 4cm on the left side 7.5cm in the upper part, about 4cm on the right side 7.5cm in the upper part, about 4cm on the right side 7cm in the upper part, about 7cm in the second part, about 7cm in the upper part, about 7cm in the upper part, about 14cm in the upper part, about 7cm in the upper part, about 14cm in the lower part, about 7cm in the upper part, about 7cm in the upper part, about 7cm in the upper part, about 7cm in the upper part, about 7cm in the upper part, about 7cm in the upper part below 7cm in the upper part, and about 7cm in the upper part).

2) The result of autopsy of the victim by the National Scientific Investigation Agency

A) At the victim’s body, the victim’s body was found to have a fatal diversification of the body’s body at the bottom of the body, such as the bones of hair, spine bones, vertebranes, verte bones, shoulder bones, vertebranes, the bones of arms and legs, etc., such as dynasium and heart, hynasium, hynasium, and so on, the victim’s body was determined as the principal private person (256 pages of the investigation record).

B) During the course damage to the victim’s body, the left side and the left part’s window and the upper part’s window were entered the part’s bottom. The upper part of the upper part of the left broomll was frighting with pule organizations and the upper part’s body. The upper part of the upper part of the upper part of the front broom was frighting with pule organizations and the upper part’s body, and the upper part of the upper part of the brue was in progress up to the upper part (the investigation record 254, 255 pages).

3) Results of genetic assessment by the National Scientific Investigative Institute

In the bloodstain collected from the floor, knife, and knife of the victim, the DNA (DNA) punishment and the DNA type ( female 11) punishment were all detected.

4) The inquiry reply of the National Scientific Investigative Institute

The National Institute of Science and Investigative Research submitted that the possibility of the occurrence of self-harm, such as the lower part of the towing damage of the victim (i.e., the studio, the studio, the studio, and the studio), can not be completely ruled out, but it is reasonable to view it as damage caused by others rather than self-harm, because it is generally difficult to contact with the descendants, and there are some opinions such as the studio of the internal structure of the towing damage or the occurrence of blood transfusion. However, it is difficult for the victim to be considered as the upper part of the body due to the fall.

3. Determination

(a) Whether the defendant has a knife about 15 times a knife of the victim;

1) Legal principles

The extent of the formation of a conviction in a criminal trial must be such that there is no reasonable doubt as to the extent that it does not require any possible doubt, but the rejection by causing a suspicion that has probative value without a reasonable ground shall not exceed the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to a question that does not include any question and correspondence, but is consistent with the logical and empirical rule for the probability of a fact that is inconsistent with the facts that cannot be found in light of the logical and empirical rule, and thus, it cannot be said that a suspicion based on conceptual or abstract possibility is included in a rational doubt (see Supreme Court Decision 2006Do5407, Nov. 23, 2006).

2) Specific determination

In full view of the aforementioned facts and the following circumstances, it is reasonable to view that the wife of the victim, who suffered from the victim, was 15 times a knife in the course of attacking the victim, while continuing the attack in response to the attack, that is, the defendant, who was faced with the knife by the knife from the victim, was snife or laid down knife 15 times a knife in the course of attacking the victim, or taking the knife on the road, instead of taking the knife process to prevent the victim from cutting the knife against the victim. Therefore, the above argument by the defendant and the defense counsel cannot be accepted.

A) Analysis by the injured party's wife

(1) Head, back, back, etc., and upper part of blurgy.

피해자의 좌측 귀에서 약 8 . 0㎝의 자절창 , 좌측 두부에서 약 4㎝의 절창 , 뒷 목 위에서 약 7㎝의 절창 , 뒷목 아래에서 약 14㎝의 절창 , 좌측 어깨뼈 아래쪽에서 각 약 8cm , 7cm , 7㎝의 절창 , 허리 부분에서 약 7㎝의 절창이 각 확인됨은 앞서 본 바와 같고 , 위 각 상처는 신체 구조상 피해자가 칼을 쥔 상태에서는 발생하기가 매우 어렵 거나 불가능한 위치이며 , 특히 뒷목 위 절창 , 좌측 어깨뼈 아래쪽의 각 절창 , 허리 부 분의 절창은 모두 근육까지 진행되었을 정도로 강한 힘에 의하여 발생한 사정 ( 수사기 록 255쪽 ) 등을 고려하면 위 각 상처가 자해에 의하여 발생한 것으로는 도저히 볼 수 없다 . 12 )

Rather, in the investigation conducted on December 28, 2016, the location, form, length, depth, and Defendant of each above upper part of the above upper part of the police station: (a) the victim took a knife to have the knife by cutting the knife from the victim again; and (b) the victim took the knife in the process; (c) on January 11, 2017, the prosecutor’s investigation conducted most of the upper parts of the victim’s body did not result from the Defendant’s act; (d) while considering that the Defendant took part in the upper part of the upper part of the victim’s left knife (referring to approximately 8,77,77cm above the upper part of the knife, the second part of the knife and the second part of the knife and the second part of the knife, the Defendant appears to have taken part in the investigation record or the second part of 40 knife.

(2) Floors of left grandchildren.

As seen earlier, the victim's left hand floor is confirmed with about 9§¯. (No. 39§¯) This appears in a common form of defense trace (Investigation Records 184, 255 pages), Defendant also stated from his police investigation on December 28, 2016 that the above upper part of the victim's left hand is the same as the above upper part of the victim's left hand (Investigation Records 224 pages). In light of the fact that the above upper part of the upper part of the click line was in the shape of the click line, which was rhyth of the victim's left hand, and that the click part of the victim's left hand did not occur in the process of preventing the Defendant from causing any damage to the victim's body or defending the victim's body, the above upper part of the floor seems to have occurred or to have occurred in the process of preventing the Defendant from causing any damage to the victim's left hand.

(3) The right upper part, the lower part, and the lower part.

In light of the victim's windowping of about 11§¯ in the right upper part, about 10§¯ in the right lower part of the victim's upper part, and the 10cm in the upper part of the upper part of the victim's right upper part were in depth (in the investigation records 40 pages) and the suffering from the above upper part of the victim's upper part, it seems very rare that the above upper part of the victim's upper part without the string of the string. In addition, it is extremely difficult to generate the above upper part of the victim's upper part and the above upper part of the victim's upper part in the shape of the knife with the upper part of the victim's upper part, it is highly probable that the victim used the upper part of the victim's left part in the upper part, and even if the victim did not see the victim's upper part of the victim's left part in the middle part of the knick part of the knife, the victim's upper part of the victim's upper part.

Rather, considering that the victim's knife is the victim's knife, it is natural to view that the above upper part of the defendant was born twice by strong force to circumvent or cause harm to the victim, and that the defendant also stated in the police investigation on December 28, 2016 that the defendant had a knife the knife of the victim's arms (26 pages of the investigation record).

(4) The chest, the right-hand side, the upper part of the upper part, and the left-hand side, etc.

In the victim's chest, approximately 3§¯ in the upper right side, about 7.5§¯ in the top, and about 4cm in the upper side of the left side are confirmed as seen above. However, the upper part of each of the above upper parts and its main side does not confirm the string at all, and the upper part of the chest is deep, so far as the upper part of the chest is deep so that it can be carried out by ponding the lower part of the lower annual installments and the lower part of the lower part of the right side, and the lower part is very deep (41 pages of investigation records). Considering the above circumstances, it is difficult to view that the victim was self-employed or simply made in the process of the victim's chest that the victim tried not to get the knife to the victim. Rather, it is difficult to view that it was natural to see that the victim's upper part of the victim's chest, the lower part, or the left part of the lower part of the case by making it difficult for the defendant to do so.

B) Part of the Defendant’s statement

In the police investigation conducted on December 21, 2016, the Defendant stated that, while the Defendant took the knife from the victim, the Defendant took the knife from the victim again, and knife knife knife knife knife knife knife knife knife knife knife knife, and the Defendant made a statement to the effect that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, the Defendant made a statement to the effect that knife knife knife knife knife knif.

On the other hand, from the prosecutorial investigation on December 30, 2016, the Defendant reversed the Defendant’s statement at the police investigation on December 28, 2016, and then laid down the Defendant’s right-handbbbs, “The Defendant was faced with the victim’s body during the process of sprinking the Defendant to cut the knife the knife from the victim,” and the Defendant stated to the effect that the knife would only flee. However, this does not coincide with the objective circumstances, such as the location, length, depth, etc. of each upper part of the Defendant and the victim occurred. The Defendant made a false statement on January 11, 2017, on the grounds that the police statement was reversed from the prosecutorial investigation on December 28, 2016, because it is very difficult for the Defendant to have made a false statement on the grounds that it would not be subject to criminal punishment on the part of the Defendant’s prosecutorial office.

C) A number of damages suffered only by a single victim

As the defendant's assertion, if the victim was faced with knife in the process of simply cutting off the knife from the victim, it is natural that not only the victim but also the defendant take knife on a large number of knife. It is not easy to understand that the defendant did not have any particular knife in addition to the left knifs and left knife, and that there occurs a fatal knife prior to the victim only on Jan. 11, 2017. The reason why the defendant does not have a knife in the defendant's body was first tried to knife the defendant except for the case where the victim tried to knife the defendant (444 pages of the investigation record). The defendant's assertion that the knife is the defendant or the victim's knife with the defendant's or the victim's knife on the day when the victim intentionally did not have a knife the defendant's body.

D) Similar point to assault cases that occurred between the past and the victim

In the past, it seems that the Defendant did not assault the victim first, but at the time of the instant case, the victim first fucks the right side of the Defendant at the time of the instant case, and even before the instant case occurred, the Defendant was assaulted by the victim during the process of dispute with the victim and assaulted the victim to respond to it. In particular, on September 22, 2016 immediately before the instant case occurred, the Defendant committed an assault from the victim on the hackbbbs, 6 to 7 occasions the left side of the victim by making a deduction of the victim, and the Defendant continued to commit an attack against the victim, i.e., the victim’s knife-knife-knife-knife-knife-knife-knife-knife-knife-kick-knife-knife-kick-knif.

E) Regarding the victim’s self-harm power

According to the Defendant’s statement, the victim started self-harm immediately after the knifbbbbbbs of the Defendant’s right, and the victim seems to have been faced with the face-car around August 2016, which was prior to the occurrence of the instant case (this investigation record 411, 412 pages). However, it appears that the victim did not have been able to have caused violence to the Defendant only once, but around August 2016, the victim’s self-harm around 2016 was in the form and degree of the body suffered by the victim by knife knife, and was in the form and degree of the body of the victim’s knife knife. Furthermore, it appears that there seems that there was no special reason to undermine the victim’s self-harm immediately after the victim caused a strong aggressive attack with the Defendant’s knife with the Defendant’s knife.

B. Whether the defendant had the intention to murder

1) Legal principles

The intent of murder in the crime of murder is not necessarily required to be the purpose of murder or to have a planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to his own act, and its perception or respect is not definite, but it is so-called willful negligence even if it is uncertain. In a case where the defendant did not have the intention of murder at the time of committing the crime, and only he was aware of the intent of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive for the crime, existence of a prepared deadly weapon, type, and method of attack, repetition of the crime, degree of the possibility of the death, etc. (see, e.g., Supreme Court Decisions 200Do231, Aug. 18, 200; 200Do436, Apr. 4, 2006).

2) Specific determination

In light of the following circumstances recognized by the court in addition to the purport of the evidence duly adopted and examined, i.e., the knife used by the defendant: ① The knife used by the defendant constitutes a deadly weapon with a total length of 41cm; 2. The defendant suffers death with a major part of 27§¯; ② The defendant suffered serious danger of death with a large amount of 15 times or more, such as head, back, breast, etc. with a major blood spawn where the major body length passes; and 1.6 times or more of spawn, etc.; and the length and depth of each upper part of 6.2 times or more of spawn used by the defendant; ③ The victim suffered serious injury to his chest at the time of the investigation, such as 6. The victim was aware that he did not suffer serious danger of death due to his own blood size and spawn, etc. (the same shall apply to 6.6 times or more of the victim's death.)

Therefore, this part of the argument by the defendant and his defense counsel is rejected.

(c) Whether the defendant's act constitutes self-defense

1) Legal principles

In order to establish self-defense or excessive defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and type and degree of legal interest to be infringed by the act of defense. The act of defense as a requisite for the establishment of self-defense includes not only pure passive defense, but also anti-defense form, including active anti-defense. However, the act of defense requires considerable reasons as an act to defend himself/herself or other person's infringement of legal interest (see Supreme Court Decision 92Do2540, Dec. 22, 1992). If it is reasonable to deem that the act of the perpetrator was committed first with the intent of attacking the victim's unfair attack rather than with the aim of defending the victim's infringement, and thus, it cannot be seen as an act of attacking and opposing it (see Supreme Court Decision 200Do280, Feb. 28, 200).

2) Specific determination

In addition to the overall purport of the evidence duly adopted and examined by this Court

The following circumstances are: (a) although the Defendant entered a deep top of the attack using the victim’s knife, the Defendant immediately deducteds the knife from the victim; (b) the Defendant continued to commit an attack against the victim who immediately makes a knife a knife a knife or makes a knife a knife; (c) the knife and the knife of the attack, which may cause a fatal danger to the victim’s life, was flife or bee with strong force; (d) the Defendant’s act at the time was committed with the intent of attacking the victim to defend the victim’s unfair attack; and (e) the Defendant’s act cannot be deemed as not only a reasonable means but also a reasonable means of attack.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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;

【Determination of Type 1】 homicide (Type 1)

[Special Aggravation] Crut Acts of Crime

[Special Mitigation Elements] The purpose of murder with dolusence, the occurrence of the victim

[Scope of Recommendation] Reduction Area, 1 year to 3 years and 4 months (in case of attempted murder, the lower limit of Recommendation Form is the attempted murder)

1/3, upper limit shall be reduced to 2/3)

3. Determination of sentence: Imprisonment with prison labor for three years and five years under a suspended sentence; and

The crime of this case is committed by the defendant knife or kills the victim by knife, and the nature of the crime is serious in light of the method, consequence, risk, etc. of the crime, the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

On the other hand, the Defendant has been assaulted by the victim since several years before the date of the instant case. On the same day, the Defendant’s act of assaulted by the victim first, without any special reason, seems to have been committed in the state of 14), with knife knife, and with the Defendant’s right fuckbbbbbbbbs that amount to 20cm in length and 2cm in depth and 2cm in the Defendant’s right knifebbbbbbbbbs, which caused large quantity of outflow. Accordingly, the Defendant was found to have cut the knife to prevent the victim from committing the instant crime. At the time of the instant case, the Defendant’s act was deemed to have been committed with a knife and without any other reason, by taking into account the circumstances that the Defendant’s surviving family members would have suffered more severe pain than that of the Defendant’s spouse’s life, and the circumstances that the Defendant would have been suffering more than that of the Defendant’s family members.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, and motive, number and result resulting in the instant crime, circumstances after the commission of the crime, and all other circumstances, which are the conditions for sentencing as shown in the records and arguments in this case, the punishment shall be determined as ordered by the order, and community service to prevent the recidivism of the Defendant and to encourage the Defendant’s character and conduct shall be added.

Judges Cho Jong-sung

Criminal Complaint by Judges

Judges Lee Jae-ho

1) The indictment is written in around 2001, but the defendant and the victim in the record have married around 202 (Investigation Record 62, 208, 305 pages).

shall be corrected because it is recognized.

2) On December 27, 2016, the body was measured at the time of autopsy by the National Institute of Scientific Investigation, and was a large quantity of blood transfusions from the victim at the time of the instant case.

Considering the fact, the body of the victim seems to have changed more than that.

3) However, the time indicated in the CCTV seems to be correct and to have some errors.

4) Any knife and bend.

5) The above part

6) Viberian superiorure

7) The following parts:

8) knife

19) Any knife and tear gas

10) Although the result of the autopsy of the National Scientific Investigation Agency on the victim's body by the National Scientific Investigation Agency includes each body of the victim's body, the result of the autopsy is the same.

There is an omission of a code of about 4cm in the left-hand top part of the victim's respective top parts, and the measurement of the length of each top in accordance with the results of on-site identification is greater than that of the victim.

The following shall be determined on the basis of each of the main points identified in the on-site identification results:

11) The defendant seems to be the defendant.

12) On January 11, 2017, the Defendant: (a) from his prosecutorial investigation, the Defendant followed the victim’s knife of each of the above above above above 1 by driving the victim’s knife not to have the knife deducted from the Defendant; or (b) subsequently, the Defendant

Although it was stated that it was incurred in the course of entering, each of the above circumstances seems to be "one form" and the victim seems to be "one form".

In order to prevent the knife of the knife, it is difficult to see the knife of the knife to the knife of the knife of the knife.

Part 42 to 44 pages), while the attitude of the defendant's statement is very vulnerable to the extent that there is force to the extent that there is the above upper part, each above upper part of the above shall be avoided.

There seems to be no possibility of the occurrence of the same process as the person stated.

13) On December 28, 2016, the Defendant also stated in the police investigation that the victim reached a knife with the Defendant when the Defendant was knife (215 pages of the investigation record).

14) There is no evidence to see that the Defendant and the victim were disputing before the instant case, and rather, there was a house of the victim immediately before the instant case.

The new Silsan stated at the investigative agency that the defendant and the victim had good atmosphere at the time (the second public trial).

Of the protocol, a record of examination of a witness with respect to Dolsan, shall be 5 pages and 54 pages of the investigation records.

15) At the time, the Defendant was in a situation very vulnerable to the attack because he was frighten in the inside of the body.

16) The Defendant: (a) was fuckbucks and part of the part of the fucks inside the bucks; and (b) damaged the beer from the bucks and beer to the bucks and beer.

The blood transfusions caused by low-blood shocks were omitted.

17) Subsequent to the instant case, the victims identified in CCTV images of the victim’s apartment elevator immediately after the instant case: (a) entered several parts of the victim; (b) but (c)

On the other hand, while the defendant does not walk properly and does not walk properly, he does not walk well.

B Ha went back, and even after that, the floor was laid down, and lost the mind by entering the elevator.