2015 Gohap396 Murder (a recognized crime: homicide)

Maximum ① (56 years old, South) Agriculture;

Residentialization City

Gyeonggi-gu in the original domicile

Maximum Reserve (Lawsuits) , Kim Jong- or (Trial)

Attorney Park Dong-young

November 12, 2015

A defendant shall be punished by imprisonment for ten years.

A seized plastic oil tank (No. 1) shall be confiscated.

Facts of crime

The defendant is between a person who has returned to farming and is engaged in agriculture, and a victim ○○○ (Vin, 51 years old) and a married couple.

C. The Defendant had exercised an influence violence against the victim and his/her female from time to time during the marriage of about 30 years with the victim.

On July 1, 2015, while under the influence of alcohol at around 19: 50, the Defendant returned to her house in the city of emulation, and deemed that the victim deviates from the math of the YE. Defendant 1: (a) was under the influence of alcohol; (b) was flading off the peat in the state of the bean; and (c) was flading off the peat and working without the victim’s body; and (d) the Defendant 1 fladles attached with plastics 7 liters installed before her house entrance; (c) was 1 flad with the victim’s body attached to the 7-throst of the emulan; and (d) was 1 flad with the victim’s body known that the flab had the victim died in the body of the emulan body of the victim; and (d) the Defendant was flading the victim’s body of the emulan.

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

At the time of the instant case, the Defendant attempted to spawn gasoline on the bean, which was placed in front of the victim, and the victim spawned the bean in the process of wrapping the bean in order not to board the bean.

The intent of murder in the crime of murder is not necessarily required to be the purpose of murder or to have a planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and such recognition or prediction is not only conclusive but also it is so-called willful negligence. In a case where the defendant did not have the intent of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive for committing the crime, type and method of the crime, part and reflect of the attack, degree of the possibility of the death, etc. (see, e.g., Supreme Court Decisions 208Do301, Jun. 12, 2008; 200Do436, Apr. 36, 2006).

3. Determination

In full view of the following circumstances revealed by the evidence adopted and examined by this court, the defendant was found to be gasoline in the victim's body during the process of spraying gasoline on the bean, and the defendant was aware that the victim's body was not attached to be the victim's body when attaching bean, and that the victim actually attached it to the victim's body. As a result, the victim died from the Hemical shock by the hemical video, and the defendant's assertion by the defendant and the defense counsel cannot be accepted.

(a) Statements from victims, etc.;

1) On July 1, 2015, the victim reported 119 at the victim's house on July 19: 50, 2015, and made it clear that the victim suffered pictures due to the fire attached by the victim, stating that "Saran flusium and low gasoline flusium and video flusium .b. Do and flusium . b. Do and flusium flusium."

2) The Defendant and the victim’s child ① also stated in this court that “at the time when the Defendant arrived at a hospital, the mother (victim) puts and puts oil to the Defendant.” Inasmuch as the mother did not at all refer to the hospital in the thickness, the Defendant did not seem to have put her fire in the bean. 1)

3) The Defendant and the victim’s knife knife, the Defendant and the victim’s knife knife in this court, “The Defendant knife knife knife knife knife knife knife knife knife knife knife knife. The knife knife knife knife knife knife knife knife. knife knife. knife knife.h. knife knife. knife knife knife knife knife knife.h. knif.).”

(b) Statement of the defendant;

The Defendant stated at an investigative agency that “the Defendant was on the entrance and exit, reported that he was laid in the door, laid the strings in hand, laid the strings in water, and laid the strings into water. It was the same that the bend was not attached to the bend, which was on the door, and that the bend was not attached to the bend,” and 2) “When fluoring the strings and attaching the strings, it is known that it was easy to spread to the surrounding area. At the time, the Defendant was in the bend of the bend where he was laid in the body of the victim, and that gasoline was laid in the body of the victim. If the bend is attached to the bend, it can be moved to the body of the victim.

The facts themselves were known, but they stated that they did not think of too prudently and did not act in rushly. 3)

(c) Field and state of carcasses;

1) According to the on-site photographs, it seems that anyone can see that gasoline strings off the victim's body if the strings of the strings the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings.

2) However, in light of the following: (a) the victim could directly report 119 and request the ambulances, and the voice seems to have been relatively differentiated; (b) the victim’s body cannot be seen to have been felbly feld with the water of the water heading; and (c) the victim’s body cannot be deemed to have been feld with the body of the victim to the extent that the victim could have led the fire to the body of the victim; and (d) according to the autopsy report, the victim’s body was feld with the body of the victim, and the victim was feld with the body of the victim, and the victim was feld with the left side of the wall where the victim was faced with the bean, and the defendant was feld with the victim’s body in the process of feling and attaching gasoline to the body of the victim at the left side of the victim.

(d) Action against the accused's victims and their families;

In full view of the following circumstances acknowledged by the evidence adopted and investigated by this Court, the Defendant repeated assault and intimidation against the victim for a considerable period of time, and due to its poor method, the Defendant seems to have affixed gasoline to the beer who was in a position close to the victim as part of the assault against the victim and affixed it to the body of the victim.

1) On October 10, 2007, the Defendant: “The Defendant was under the influence of alcohol between 00: 11:0 on August 11, 2007 and 17: from the Defendant’s house at Suwon-si, the victim’s head ○○ (the age of 44) was under the influence of alcohol at the Defendant’s house, and was under the influence of alcohol at the Defendant’s house, and was under the influence of the Defendant’s death, and was under the influence of the Defendant’s death, and was under the influence of the Defendant’s body, and was under the influence of the Defendant’s body, and was under the influence of the Defendant’s body. The Defendant was under the influence of the Defendant’s body, and was under the influence of the Defendant’s body, and was under the influence of the Defendant’s body. The Defendant was under the influence of the Defendant’s body, and was under the influence of the Defendant’s body. The Defendant was under the influence of the Defendant’s body. The Defendant was under the influence of the Defendant’s body.

2) On September 19, 2014, at around 19:00, the Defendant was under the influence of alcohol at the Defendant’s office, and there was a fluence in the victim’s clothes, but at that time, the Defendant did not incur significant damage to the victim by cutting off his clothes.

3 ) 피고인과 피해자의 아들인 최①①는 이 법정에서 “ 피고인이 기분이 내키지 않 는다거나 밥맛이 없을 때마다 어머니 ( 피해자 ) 를 폭행한 것으로 기억하고 있습니다 . 적 으면 일주일에 한 번 , 많으면 3 ~ 5번 정도 폭행했습니다 . 일반적인 폭행이 아니고 , 칼이나 공구 같은 연장으로 폭행했기 때문에 어머니께서는 저와 누나를 지키기 위해서 피고인을 피해서 가까운 외갓집이나 친가로 도망갔습니다 ” 라고 진술하였다 .

4) The Defendant and the victim’s knife knife in this court, “the mother was assaulted several times during the marriage between about 30 years of the Defendant and the victim. The reason why the assault was committed was according to the Defendant’s sensium, appraisal, and assault was committed even when she performed drinking. Even if she was dead, her flife, her flife, and her flife, her flife, so her flife, her fliff, her fliff, and her flife., her flife., her flife at all times. around September 2014, her mother was flick with her mother’s clothes with her mother’s clothes, and her mother was dnifed with his flife, and her mother made a statement that she might have been divorced by her mother.”

5) The head of the victim's birth at the police station, "I know that the defendant has habitually committed violence after the defendant was married. It was the case that the defendant had been dead of the victim. At that time, the 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 at the hospital and our house." The victim's knife knife k's knife knife k's knife knife k's.

This △△△△, a party to this relationship with the victim, was trying to kill the victim at any time in the police station. The victim and this △△△△△△, from time to time after the victim was married, had been in fighting with the Defendant, and the degree of assault was extremely serious. The appearance the victim was in hole with the son’s country in the victim’s item, and the one eye was in a hole, and the one eye was in a hole, several times. At the same time, I think that it was trying to kill the victim at a time when the victim was under the influence of alcohol even at the time of the crime, and that it was trying to kill the victim at the time of the crime. At this time, I tried to see that the Defendant first was under the influence of alcohol, and that the Defendant was under the influence of alcohol, I did not think that it was under the influence of alcohol, and I did not think that it was under the influence of alcohol.”

(e) Prospects for the victim's death.

According to the evidence adopted by the court and examined by this court, the victim died from satise 75% of the satise image caused by fire on July 18, 2015: 11: 57 fire; according to the autopsy appraisal report, the victim's 2-3 date image in telegraph to the extent of 75% of the satise, and the satise satise satise satise satise sate satise sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate sate satch satise satise satise satise satise satise satum.

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 (Selection of Imprisonment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years nor more than thirty years; and

2. Application of the sentencing criteria;

[Determination of Type] 2 homicide (General Mosing homicide)

[Special Aggravationd Persons] Aggravationd: Crumar Criminal Treatment Act

Reduction element: Murder intention of dolusence

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of 10 years to 16 years

3. Determination of sentence;

The murder is a crime of cutting the life of a person, who is a valuable value that cannot be altered under this world, and is a serious crime that is hot and unreparable in any way. The Defendant murdered the victim at his residence after marriage. In addition, the Defendant asserted that two sons were not likely to be imprisoned even after the death of the victim, and that there is a high possibility of criticism in light of the content and circumstances of the instant crime. The Defendant’s crime of this case was committed by the Defendant, that the victim was deprived of the victim, that the female mother was lost, and that the victim’s sons were also suffering from considerable mental impulse and pain. In light of this, the Defendant seems to be subject to heavy punishment equivalent to the Defendant’s liability.

However, as stated in the facts charged of this case, the defendant seems to have committed the crime of this case with dolusence and did not seem to have attempted to murder the victim from the beginning. The defendant was engaged in agriculture until before the crime of this case was committed, and has lived faithfully in the local community without any particular problems. The defendant, after depth about the result of the victim's death itself, reflects his mistake, and paid the victim's children by borrowing the defendant's house as collateral for the treatment expenses of the victim, etc. are considered as favorable to the defendant. In full view of other various circumstances, which are conditions for sentencing as indicated in the records, such as the defendant's age, character and conduct, family relationship, living environment, etc., the punishment shall be determined as per the order.

For the purpose of judge mistake

Judge Lee Jin-hee

Judges Maximum Min-man