2015 Maz. 149 Murder, homicides

2015 High 3 (Joint Medical Treatment and Custody)

Claimant

A (84-1), Non-Service

Long-term (prosecution, public trial), Kim Il-il (public trial)

Attorney Choi So-gu (National Election)

August 25, 2015

A defendant shall be punished by imprisonment for 18 years.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

A seized knife (No. 1) shall be confiscated.

The criminal facts and the facts leading to medical treatment and custody [2015 Ma149] The defendant and the person subject to medical treatment and custody (hereinafter referred to as the "defendant") have been subject to an accident of "on the part of the motor vehicle under the influence of alcohol" while driving a sealed cargo at ** even in May 27, 2012. The defendant was investigated by the police and other investigative agencies in relation to the above accident, and the driver of the motor vehicle under the influence of alcohol was punished by a fine around that time.

After that, the defendant, whenever it is not well-known, she became so that she can keep a secretary of the above drinking driver. Doctrine b. Doctrine b. b. Doctrine b. b. c. b. c. c. c. c. c. c. c. c. b. c. c. c. c. c. b. c. c. c. b. c. c. c. b. c. c. c. b. c. c. c. c. b. c. c. b. c. b. c. c. b. c. c. b. c. c. b. c. c. b. c. c. c. c. c. c. c. c. c. c. c. c. b. c. c. c. c. c. c. c. c. c.). b. b. c. c. c. c. c. c. c. b.

On the other hand, the victim Park* (ma, 59 years of age), Park ○○○ (ma, 57 years of age) and Park ○○ (ma, 21 years of age) of the victim's wife** on February 22, 2015. Around 15:00 on February 22, 2015, the victim's 00 apartment 101 Dong 802 had directors. The defendant's vehicle was parked and the defendant's vehicle was parked to move the vehicle parked through the security guard, and the defendant's cell phone attached to the above vehicle was called "the defendant's cell phone attached to the vehicle", so the vehicle was moved to the vehicle and sent a text "Written request for the movement of the vehicle."

As above, the Defendant was a person who sent the Defendant’s request to move the car to move the car to B, who did not respond to the demand of the driver, who was considered as a director to monitor B, and died of our family at night if the victim lebbs.In the same day, we will die and die within the country. I would like to die from the NIS, and we would like to die in our country. I would like to do so under the above, we would like to see the Defendant’s dwelling at the entrance of the above 602 dwelling, which is the Defendant’s residence. The Defendant’s father called the Defendant’s father, who was called as “I would have been able to die without the phone, but I would like to see the Defendant’s ability to move the car to H, who was unable to get the phone, but did not get the phone.” However, I would like to change the Defendant’s ability to do so by marizing the body until February 23, 2015.

1. A person who has attempted murdering against the victim 00;

피고인은 2015. 2. 23. 06:50경 위 602호 소재 피고인의 집에서 위 회칼을 손에 들고 '국정원 새끼들 총 쏠 거면 빨리 쏴라, 나는 잘못돼도 내 새끼들은 내 손으로 죽이고 뒤질거다, 그 놈들 손에 놀아나는 것은 못본다'라고 말하며 갑자기 베란다 쪽으로 뛰어가 베란다 밖으로 나가 벽에 붙은 인터넷선을 타고 위 802호의 베란다로 침입하여 그 집 안까지 들어간 후, 화장실 문을 열고 변기 위에 앉아있던 피해자의 팔, 어깨, 손 등을 위 회칼로 수회 찌르고, 피해자가 이를 막으려다가 오히려 피고인에게 밀려 뒤로 넘어지자 위 회칼로 넘어져 있는 피해자의 얼굴, 가슴 등을 무차별적으로 수회 찔러 피해자를 살해하려 하였으나, 피해자의 비명 소리를 듣고 나온 박**이 피고인을 화장실에서 끌어내는 바람에 미수에 그쳤다.

2. homicide*

At the date, time, place, as mentioned in paragraph (1), the Defendant heard the lusium of MaluO as above, and killed the victim by taking the Defendant out of the toilet, knife knife the body of the victim, such as the victim’s head, face, shoulder, etc., in a non-discriminatory manner, knife the victim’s head, face, and knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

3. Murder and attempted murder committed against the victim stuffs;

At the time, place, and small room as described in paragraph (2), the Defendant she diversed kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives.

4. Murder with respect to the victim leap○○○.

On February 23, 2015, at around 07:03, the Defendant tried to kill the victim several times with the above knife knife, knife, knife, knife, in order to prevent the Defendant who has driven ○○○, as set forth in paragraph (3), so that the victim could not get out of the said knife as set forth in paragraph (3), and the mind is called “the victim’s knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, and the knife, the father of the Republic of Korea died?”

[2015 Dismissal 3]

The defendant lacks the ability to discern things or make decisions due to a net-type mental disorder and a editing mental disorder, and thus, it is necessary to commit each of the above crimes at a medical treatment and custody facility and to treat the crime at the facility for the prevention of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning ○○○;

1. Each police statement on ○○○ and ○○○;

1. Protocol of seizure (number 30);

1. A death certificate (mortem examination certificate), a medical certificate (mortem 00), a medical certificate (morideo), a medical certificate (leap00), and a table of requests for appraisal (number 54 through 57);

1. Report of the results of a survey on a person who has changed his/her name, report of the results of a survey, report of the results of a survey of his/her spirit, report of the results of a survey of his/her history, record keeping of a record (No. 6

1. Photographs of the scene of the collection of criminal implements, reports on each field file, victim le-○-○ photographs, CCTV image materials, relative photographs, and the victim's injury;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances revealed by comprehensively taking account of the evidence as mentioned above and the records of the judgment prior to the trial (protecting officer). In other words, the Defendant appeared to show symptoms on the network of serious damage that the Defendant was under threat of surveillance and murder by a State agency after having suffered a traffic accident around May 2012, and the victim gambling* due to the net type of illness at the time of the instant case* (a member of the State Council who has died of the Defendant’s family) and committed the instant crime; the Defendant considered the Defendant as a member of the State Council who has died of the Defendant’s family; and (b) the Defendant committed the instant crime; (c) there is a need for specialized treatment, such as mental therapy, and without undergoing treatment, there is

Considering the considerable point, the circumstances and contents of the crime, the defendant's age, character, conduct, environment, etc., the defendant is deemed to have the ability or decision-making ability to discern things due to mental or physical disorder and need to receive treatment at the medical treatment and custody facility and also have the risk of recidivism.

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 of the Criminal Act (the point of attempted Murder, the Selection of limited imprisonment)

1. Statutory mitigation;

Articles 10(2) and 55(1)3 of the Criminal Act (person with mental disability)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment for homicide with the largest offense)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

1. The grounds for sentencing under Article 2(1)1 of the Medical Treatment and Custody Act: Imprisonment with prison labor for two years and six months from June to June 22

2. Application of the sentencing criteria;

(a) homicide;

[Scope of Recommendation] Type 2 (Ordinary Murder) (Mono less than 15 years of imprisonment, life imprisonment), 1) [Special Aggravation] The Act on the Acceptance of Crut Crimes (Special Mitigation) (Special Mitigation)

(b) Attempted murder;

[Scope of Recommendation] Aggravated Punishment Zone (Aggravated homicide) (Aggravated Punishment) (Aggravated Punishment for at least five years, for at least 20 years, or for at least 20 years, for attempted crimes, the lower limit of sentence shall be reduced to 1/3 and the upper limit shall be reduced to 2/3)

[Special Aggravation] The method of committing a cruel crime, serious injury or attempted crime [special mitigation elements] The final sentence scope according to the aggravated punishment: Imprisonment with prison labor for not less than 15 years or imprisonment with prison labor for not less than 3 years: the crime of this case in 18 years is committed by the defendant who was in a state of damage due to the snife, attempted to kill or kill the victims in a knife, and there was a serious result that one victim would lose his life in a knife. The other three victims suffered serious injury, but the victims were aware of English and the victims were knife and knife, and the defendant did not take measures to recover damage. In light of the fact that the defendant did not take measures to recover damage, the defendant should be held seriously liable.

However, considering favorable circumstances, such as the fact that the defendant recognized the crimes of this case and divided the errors, and the fact that the defendant committed the crime of this case as a result of the damage to the victims while suffering from the net type of injury, etc., a punishment shall be determined in consideration of the defendant's age, character and conduct, environment, background, means and consequence of the crime of this case, and all other circumstances that form the condition for sentencing, such as the circumstances after the crime.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

2. Opinions on sentencing;

○ 15 years of imprisonment: One juror.

○ 18 years of imprisonment: One juror.

○ 19 years of imprisonment: One juror.

○ 20 years of imprisonment: Three jurors;

○ 25 years of imprisonment: One juror.

3. Opinions on requests for medical treatment and custody;

Opinions of citing 7 full-time jurys

For more than one reason, this case against the defendant is judged as ordered through a participatory trial according to his wishes.

The presiding judge, judge and police officer;

Judges Kim Gin-han

Judge Maximum-type

1) According to the sentencing guidelines for murder crimes, a person who is an act of the same number is required to take into account more heavily than the same number of actors/other persons.