2019Gohap157 homicide, death, damage to a corpse, theft

A South 77. Symar

Demotion (Public Prosecution), a bill of merit, or a trial (public trial)

Attorney* (Korean National Assembly)

October 11, 2019

A defendant shall be punished by imprisonment for twenty years.

The deceased knife knife knife knife knife knife k k k k k k k k k k nife k k k k k2

shall be returned to the Corporation.

Criminal facts

1. homicide;

The defendant, as a daily worker, is aware of the victim B (the age of 45) who uses the same job placement office.

On May 1, 2019, 08: 00, Ulsanbuk-gu 10- 10, 10- 10- Do governor, the victim's residence, at the end of May 1, 2019.

** * Topherbing alcohol with the victim in heading, 4 times by hand from the drunk victim.

As soon as possible, the action of the victim who has not been frightened so that there is a frighten one disease due to the omission of frighten.

Kinin’s disease, and the victim’s garlative part is lowered, and the kitchen in the above residence is installed.

The kitchen knife (not less than 30cm in total length, not more than 18cm in blade) and the face of the victim and the right side of the trees;

B. Eul shall be cut up to eight times, cut off the map, cut back into four times, write back brushes into two parts, brushes into two parts, and brushes into 15.

Congress In case of death of the victim due to the knife damage to the divers of the head flaf on the job;

was made.

Accordingly, the defendant murdered the victim.

2. Destruction and damage of a corpse;

The defendant, immediately after committing the crime in accordance with paragraph (1) above, shall take the victim's clothes with the kitchen knife at the above place.

in the form of the above, and one set on each part and on each part on the left part and on the right part, one set on the right side.

The body of the victim was damaged by cutting the sexual organ of the victim.

3. Larceny;

The defendant committed a crime as referred to in the above paragraph (2) and broken out, and then 14:30 on the same day:

The defendant who escaped from a place of crime after leaving the scene of the crime and scambling the victim's blood trace, etc.

In order to go back the clothes of the victim, 1 K2 Ba, the market value of which is equivalent to 30,000 won owned by the victim.

O. In addition, 1,00 won or more of the market price is 1,000 won or more, 1,000 won or more of the market price. 1,000 won, 1,000 won or more.

Each of them was cut off.

Summary of Evidence

Omission

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 (Murder, Selection of limited term of punishment) and Article 161(1) of the Criminal Act (Destruction and Damage of Corpses)

Article 329 of the Criminal Act (the thief and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Concurrent homicide)

Punishment, to the extent that the punishment is aggregated with the long-term punishment for each offense above

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Return of victims;

Article 333(1) of the Criminal Procedure Act

Judgment on the defendant and defense counsel's claim of mental illness

The Defendant, while making a confession of each of the crimes of this case, incurred prior to committing the murder of this case

자와 단둘이 피해자의 집에서 술을 마시다가 피해자와 다퉜던 부분까지만 기억이 나

J. The part of murdering the victim and destroying the body of the victim shall not be memory, 'the collection of the victim' after that;

The statement to the effect that the body of the deceased was destroyed and damaged.

In doing so, the Defendant was in a state of losing self-defense due to excessive noise, and thus, at the time of committing the crime

argument that the state had been in the state.

In light of the evidence duly adopted by this Court, the Defendant’s murder and murder of this case

The crime of destroying and damaging the body is deemed to have been done with the victim before he commits the crime of destroying and damaging the body, but the fact is thereby found.

Defendant’s ability to discern things or make decisions has been weak.

It is difficult to find any materials that can be seen.

Rather, in light of the overall statement or flow of the defendant's investigative agency:

The Defendant does not seem to have no memory at all at the time of committing the crime of murder and bodily injury.

C. As can be known in the state of murder method or damage to the body, the crime does not lead to a shortness.

It seems that considerable time has been required until the completion of the commission, and the method of the commission of the crime is extremely shocked.

In this respect, the defendant's assertion that any action cannot be memoryd at all.

It is difficult to believe this as it is.

Even if the defendant's assertion that he is not memory, the defendant's assertion

(1) A temporary memory witness who can be seen as a blackout, which is not an ex post facto memory disorder;

not directly related to whether the defendant was in a state of mental disorder at the time of committing the crime

D. If, in the case of these blackouts, there is an effort to keep his/her memory, it will be reproduced.

Although there is sufficient possibility that the defendant has not made an effort to probn his memory.

only 1)

In light of these circumstances, the Defendant is under the influence of alcohol at the time of committing the murder and damage to the body of this case.

aside from the fact that the judgment power or self-control power has been somewhat weak, limitation on the responsibility ability.

It can not be said that the ability to discern things or make decisions was weak.

Even if the defendant was in a state of mental illness, violence after drinking is committed before.

The history of a fine sentenced to a fine by act is several times, and only drinking is performed while being melted with no speech.

s even though they have been well aware of the dynamic and aggressive tendency being expressed by action;

Ga. Since he committed the crime of murder and damage to the body of this case after drinking alcohol, Article 10(3) of the Criminal Act is applicable.

Accordingly, the provision on mitigation of mental or physical disability in Article 10(2) of the Criminal Act cannot be applied.

Therefore, the defendant and defense counsel's assertion cannot be accepted.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 43 years; and

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

(a) First offense (homicide);

[Determination of Type] homicide / [Type 2] Ordinary homicide

[Special Aggravations] Aggravations: Destruction of and damage to the dead body, cruel methods of committing crimes

[Recommendation and Scope of Recommendations] Special Priority Area, 15 years to imprisonment

(b) Second offense (thief);

[Determination of Type] thief 01. General larceny for general property

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, Imprisonment of six months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than 15 years to not less than arms (the upper limit of crimes 1 +

Part II Crime 1/2

(d) The range of recommendations that are modified according to the sentencing guidelines: Imprisonment with prison labor for up to 15 years up to 43 years (the punishment recommended in the sentencing guidelines).

Since the upper limit of the quantity range is inconsistent with the upper limit of the applicable sentences in law, the applicable sentences in law;

the upper limit of this section)

3. Determination of sentence;

Human life and dignity shall have an absolute nature which no one can dispose of without permission.

Since an act of infringing upon a victim's life cannot be used, the defendant's act of infringing upon a victim's life is committed.

The above is not reasonable for any reason. It is so long as there is a minor dispute with the victim.

Even if the statement of the defendant is based on the statement of the defendant, it is difficult to find out a clear motive for the defendant to kill the victim.

C. Nevertheless, the defendant, however, has the head of the injured party, has his knife his knife and knife his knife and knife

The victim was killed in a cruel manner, such as cutting a brush and cutting down a brush.

A person shall lead a life with heavy physical or mental suffering until he/she dies.

the defendant does not add to this, and the defendant has been able to contain in the entry of vehicles and horses, and the defendant has been stimulated to the degree of force.

The body was destroyed by law. As seen in the course of these destruction and damage, the defendant

The victim does not seem to have minimum respect for the character of the victim, and the possibility of criticism is very likely.

Major. Family members of the victim who lose their family between the defendant and one order are also their wife and height throughout their lifetime.

The defendant appears to have been living together with the victim's bereaved family members, and the defendant shall receive a letter from the victim's bereaved family members.

Therefore, it is inevitable to punish the defendant with strict penalties corresponding to the criminal liability.

However, the defendant recognizes all of the crimes, and somewhat contingent under the influence of alcohol.

It appears that the murder was committed and that the murder was planned from the beginning.

The circumstances are not found, and there was no criminal record exceeding the fine prior to the instant case.

The fact that the defendant had existed is considered in light of the circumstances favorable to the defendant.

In addition, all kinds of sentencing shown in the records and arguments of this case, such as the age, character, conduct and environment of the accused.

The punishment as ordered shall be determined in consideration of the materials.

Judges Park Young-young

Judges Kim Dong-dong

Judges Sulraia

1) The result of the interview with the defendant conducted by the prosecutor (531 pages of the evidence record), the interview officer shall be aware that the person has unique or special experience.

Each face-to-face, i.e., an innate brain, whose memory has not been memory at the time, is a multi-cryptive dysia, and that he/she has reatised himself/herself.

Although it is possible to fluorize the ability, there is no memory in the request of an interview officer to see his/her memory in the course of the interview, and the phenomenon of blackouts.

his assertion seems to reflect the Defendant’s unliabilityless tendency in order to avoid provokinging his memory in an intentional or intangible manner.

the defendant's attitude claiming the absence of memory during his or her crime is highly likely to cover the result of his or her action, and the credibility of the defendant's attitude

I express my opinion that there is no doubt that he is responsible for his conduct, and that he seems to have been in the attitude to avoid liability for committing a crime by doping.