2011Gohap 57 Murders and attempted murders

Ma-○

Residence Kim Jong-si

Head of the reference domicile

Paryaryaryary

Korea Law Firm, Attorneys Lee Tae-woo et al.

2011, 7,28

A defendant shall be punished by imprisonment for twenty years.

Seized blades (No. 1), fishing blades (No. 2), and excessive (No. 3) shall be forfeited from the accused.

Criminal facts

On March 10, 2010, the Defendant: (a) from around August 2010 to a person living together with ○○; (b) received text messages from ○ on March 15:15, 201, to the effect that the Defendant was going to leave, and (c) then asked ○○, the mother of westO, her mother, fluorcing C (in women, 59 years of age) and the Victim’s west (in women, 39 years of age) who was the female of ○○, to ask ○, the Defendant asked ○○’s whereabouts; (d) but he heard the answer that he was gathered from ○; (e) the Defendant was in possession of the excessive and fishing knife at home, and sought 00 house of 00 for the victim’s stuff.

At around 23:00 on the same day, the Defendant asked ○○○○○○, the father of ○○○ and ○○○○○, the victim’s house in the Kim Sea III, 23:00 on the same day, leaving excessive (No. 3). The victim’s gambling ○ was hiding the above excessive amount, and her body fightd with 00 on the victim’s knife. The Defendant 00 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif k knif k k knif.

In the end, the Defendant, with a knife knife, killed the victim's knife so, killed the victim's knife with an excessive real blood due to a snife with a knife snife, and attempted to kill the victim's knife knife knife knife knife knife, but failed to achieve that purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement made by the witness Do○○, Seo-○, and Seo-○;

1. Each police statement of the chief of ○○, MaO, and MaO;

1. Each photograph (such as ○○, ○○○, photographing a knife, photographing a knife at a place where a knife is found), and each damaged photograph;

1. A written diagnosis, etc. (e.g., ○○, west○) and a written autopsy and appraisal;

1. A report on investigation (to take photographs at the scene of a case);

1. One seized knife (No. 1), one knife (No. 2), one knife (No. 3) for fishing, and one for excessive (No. 3);

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of limited imprisonment), Articles 254 and 250(1) of the Criminal Act (the point of attempted homicide, the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for homicide with the largest offense)

1. Confiscation;

Judgment on the assertion of the defendant and defense counsel under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability or mental disability.

2. Determination

According to the evidence of the crime, the defendant was found to have drinking to a certain extent at the time of the crime, but at the time of the investigation into the police, the defendant 1 got her knife at the time of the crime, and her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife. knife knife knife knife. knife knife knife knife knife knife knife knife. knife knife knife knife.

The reason for sentencing is that the life of a person cannot be altered in what is the world and is seriously and dignity, and for any reason, no action to injure the life of a person shall be taken.The crime of this case is a case where the defendant prepared two knife in advance and found at the victim's house, and knife two parts of the body, such as the victim's chest and knife, were killed, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Due to the instant case, the victim’s gambling ○○ was deprived of humbrutly hiding, and the victim’s bereaved families, the victim’s emotional distressed and the OC, and the OO was suffering from an irrecoverable mental distress. As such, the result of the crime is very important, and the victim’s bereaved families, the victim’s emotional humboo, and the victim’s emotional humboo is strongly seeking a punishment of the Defendant.

Therefore, even though ○○○, who was living together by the Defendant, she was shotly engaged in the instant crime with a defect of sending out text messages, and reported the damage to 119 immediately after the crime. On December 14, 1998, the Busan District Court sentenced a fine of KRW 700,000 to the violation of the Road Traffic Act, and did not have any specific criminal record, there is no sentencing factor to be considered in the instant crime, such as the fact that there is no specific criminal record, but even if so, the instant crime by the Defendant cannot be easily used, and the sentence against the Defendant is inevitable.

The presiding judge, the senior judge;

Judges Kim Gung-dong

Judges Park Jong-dae