A defendant shall be punished by imprisonment with prison labor for twelve years.

Punishment of the crime

[Criminal Power] On August 25, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of attempted fire-prevention of the main building in the wooden Branch of the Gwangju District Court, and the execution of the said punishment was completed on December 21, 2012.

【Criminal Facts】

피고인은 2014. 1. 2. 20:00경 포항시 북구 C아파트 9동 301호 피해자 D(48세)의 집에서, 평소 피해자의 술버릇으로 인하여 좋지 않던 감정을 가지고 있던 중 피해자와 술을 마시면서 사소한 문제로 다투다가 피해자로부터 “맞짱을 뜨자”는 말을 듣자 순간 격분하여 피해자를 살해하기로 마음먹고, 주먹으로 피해자의 얼굴을 수회 때리고, 양손으로 피해자의 옷을 잡아 넘어뜨린 후 피해자의 몸 위에 올라타 양손으로 피해자의 목을 힘껏 조여 그 자리에서 경부압박에 의한 질식으로 사망하게 하였다.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statements in the second trial records that the defendant has taken a bath after damaging a victim;

1. Statement to E by the police;

1. Investigation report (including statement outside the case);

1. A death diagnosis report and a written autopsy and appraisal report;

1. Before judgment: References to criminal records and investigation reports (reports on confirmation of repeated crimes related to suspects) shall be applied to statutes;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

1. Determination as to the assertion of the defendant and his defense counsel under Article 35 and proviso of Article 42 of the Criminal Act among repeated crimes

1. The defendant and his defense counsel asserted that this case had not been intentional since it occurred while drunkly or in dispute.

2. In the judgment of murder, the intention of murder does not necessarily require the purpose of murder or the planned intention of murder, but is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is final.