2014 Gohap330 Murder

A

Pursuant to the principle of good faith, a public trial shall be held

Attorney B (Korean National Assembly)

April 29, 2014

1. The punishment of the accused shall be six years;

2. The excessive one sheet (No. 1) that has been seized shall be confiscated;

Criminal facts

As a ship of Chinese nationality, the Defendant is a person who was introduced with the victim D (n, 34 years of age) through C, which was known to the general public, and lived with the victim from April 2013 and completed the marriage report on November 7, 2013.

At around 19:00 on March 2, 2014, the Defendant met the “F” of the victim and the victim’s relative F, while drinking alcohol, and the victim took the cell phone of “F by informing the 'F of the mobile phone game method between the toilets.” After witnessing this, the victim became aware that two persons are the rights of the victim and became the victim of the dispute.

Around 01:55 on March 3, 2014, the Defendant continued to engage in a dispute with the victim for several hours, even after returning from the middle-gu G in Seoul, Jung-gu, and the third floor and the victim's residence at the lower part of the restaurant. As such, the Defendant tried to kill the victim by reporting to the police officer after receiving a report of the victim's attempt to kill the victim by taking the victim's left breast part of the victim's left chest by taking out the kitchen, which is attached immediately next to the small part of the victim, and taking the kitchen from the cryp of the cryp: 12.5m in the cryp of the cryp: 12.5m of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. A H statement;

1. A protocol of seizure, a list of seizure and a voluntary submission thereof;

1. Investigative report (in relation to the initial visit and investigation into the emergency room, hearing of the head of the place of occurrence, hearing of the statement of the victim's head, checking of the victim's head, etc., visiting and investigating the victim's hospital, visiting and investigating the victim's hospital, hearing of the victim's D patient status, hearing and reporting on the I telephone statement of the doctor in charge of the National Medical Center of the National Medical Center of Korea, hearing and reporting on the victim's oral statement, hearing of the victim's DNA telephone statement and reporting, hearing of the victim's DNA statement, attaching kn

1. The criminal place;

1. Statement of opinion;

1. Alien registration certificate and marriage relation certificate:

1. Floor plan at the scene of crime;

1. A photograph, photograph, scene photograph, photograph of the suspect, passport of the victim, and photograph of the suspect;

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act

1. Confiscation;

Article 48(1)1 of the Criminal Act, reasons for sentencing

1. Scope of recommendations;

(a) Determination of types;

Murder, Type 2 (General Murder)

(b) Injury resulting from serious injury to a special person;

(c)aggravating the decision territory of recommendations;

(d) Scope of recommendations;

Imprisonment with prison labor or imprisonment for life for at least five years.

2. Determination of sentence;

There are circumstances favorable to the defendant, such as the fact that there is no criminal record against the defendant, the confession and reflect of all of the crimes in this case, and the defendant attempted to rescue and escort the victim, such as leaving the victim immediately after the crime in this case.

However, although the crime of this case was committed in an attempted crime, it was very dangerous crime that could have the life of the victim, according to the result of sentencing investigation conducted by sentencing investigators, etc., the victim suffered a big physical and mental damage without being able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to bring about a serious physical and mental harm, and the parent-child of the victim who was born at the scene of the crime (the 9 years old and the son was born between the victim and the son)

In light of the fact that the fuckbucks even have committed the act of inflicting injury on the victim, etc., even though the defendant has no criminal power as seen earlier, the character and conduct of the defendant does not seem to be good. Thus, despite the favorable circumstances as seen earlier, the defendant needs to be punished with imprisonment for a long time.

In addition, the punishment shall be determined in consideration of all the circumstances shown in the pleadings of this case, such as the age, environment, and circumstances after crimes.

The transfer of judge and judge

Judges Kim Dong-dong

Judges Guide-in