2016 Highest 291 Murder

2017 Beforemastal 5 (Joint Attachment Orders)

Claimant

A

Park Jong-il (Public Trial) and Park Il-il (Public Trial)

Attorney B (Korean National Assembly)

March 30, 2017

A defendant shall be punished by imprisonment for twenty-five years.

For a person subject to an application for attachment order, the attachment of an electronic tracking device shall be ordered for ten years. Matters to be observed in the attached Form shall be imposed on the person subject to the application for attachment order.

Criminal facts and the facts constituting the attachment order

[Criminal Facts] On November 17, 2016, from around 02:10 to 04:16, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "Defendant") met with the victim gamblingO (n, 57 years of age) operated by the Defendant from the main point of the trade name "C" operated by the Defendant GagO (n, n, and 57 years of age) in the Changsi-si-si area, the other customers were returned to Korea and left at the victim and the above main point of the crime. After that, without any particular reason, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") got a knife with a knifely knife deadly weapon (no less than 1.9cm in the knife's width, and no less than 6cm in the kn

Accordingly, the victim's attempt to kill the victim by blocking the defendant, and the victim was placed before the above main entrance of the victim, who tried to flee from the above main entrance by avoiding the defendant, and then was placed on the floor of the above main entrance, and the victim was find or bed with the above lethal weapons over about 15 times, and the victim's face, head, etc. was find or bed with the above lethal weapons in the process.

As a result, the Defendant killed the victim by causing the victim's death of excessive transfusions due to the multiple dives such as head, tree, etc. from his job.

【Fact of Grounds for Attachment】

As above, the Defendant committed the murder crime, and in light of the details and methods of the crime, criminal records, environment, personality and conduct, it is recognized that there exists a risk of recommitting the murder crime.

Summary of Evidence

1. The prosecutor's statement concerning Kim 00;

1. Statement of the police statement on Kim 00;

1. A written autopsy report, a gene assessment report, a written autopsy appraisal report, a result of analysis in the form of trace of blood, a fingerprint appraisal report, and a response to the request for appraisal;

1. Photographs photographs at the time of field identification;

1. A report on internal investigation (on the spot and attaching photographs of carcasses), and accompanying documents;

1. Investigation report (Analysis of video recording images around the field) and accompanying documents;

1. The risk of recidivism in the judgment: (a) the following circumstances recognized by the evidence as mentioned above and the summary claim investigation report, etc., namely, ① the crime of this case is acknowledged as dangerous weapons such as the Defendant’s knife and knife the victim’s face, head, etc., and the method of committing the crime is very harsh; (b) the Defendant’s life and attitude seems to be considerably serious since there is no special motive for committing the crime against the victim; (c) the Defendant has five criminal records related to violence, such as the crime of bodily injury, obstruction of performance of official duties, etc.; and (d) the assessment of the risk of recidivism against the Defendant by Korean-style adults falls under the level of “high risk of recidivism” with the total point of 19 points as a result of application; and (e) the motive and background of the crime of this case, the Defendant’s age, character, behavior, environment, etc. is recognized as dangerous to repeat the murder crime.

Application of Statutes

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

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Judgment on the assertion of the defendant and his/her defense counsel under Article 5(3), 9(1)1, 9-2(1)1, 2-2, and 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

1. Summary of the assertion

The third party, not the defendant, killed the victim at latest, and the defendant was considered to have flickly turned to the victim's shop at late night. At this time, the defendant was asked for the victim's illness, clothing, etc.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the fact that the defendant murdered the victim as stated in the facts charged can be fully recognized. Accordingly, the above assertion by the defendant and his defense counsel is not accepted.

① The Defendant’s upper, lower, and slurfers were the Victim’s bloodstain, but a majority of them consisted of slurbing blood (dives generated by free blood in flight). If the Defendant’s bloods were to be buried from the victim in excess of the above bloodstain, it is difficult to deem that the form of slurbing bloods is constituted.

② immediately after the CCTV images installed behind the victim’s body are seriously shakened, the Defendant was caught by CCTV images, and when considering that the Defendant’s fingerprints was found in the support unit of the CCTV, the Defendant appears to go out of the wall after going through the back door of the victim’s body. If the Defendant is not the offender of the instant case, there is no reason to keep the Defendant out of the wall.

On November 17, 2016, the day on which the instant crime was committed, the Defendant discussed to the effect that “I might have died of a person by causing an accident to Kim00.”

④ According to the Defendant’s assertion, even though the Defendant discovered a victim who was killed or killed, her draft, and died, the Defendant sleeped into the accommodation without reporting it to the police, and it is difficult to believe it as it is in light of the empirical rule.

Reasons for sentencing

(Sentencing Criteria)

[Scope of Recommendation] Aggravation Area of Type 2 (Ordinary homicide) (15 years or more or imprisonment for life)

[Special Persons] Determination of Sentence of Punishment for Crust Crimes

(1) A deadly weapon that kills a victim who has no special relationship with him/her at a disadvantage, with the head of the victim about 15 times, beer, and the lower snife method is cruel.

- The bereaved family members of the victim want to take any action to recover the damage, and the victim’s bereaved family members want to be punished for the defendant.

- Barring from committing any contingent crime in a normal and advantageous manner favorable to five times of violence that has no serious reflective nature;

◎ 그 밖에 피고인의 나이, 성행, 범행의 동기와 수단, 범행 후의 정황 등 이 사건 재판 과정에 나타난 제반 양형 요소를 종합적으로 고려하여 주문과 같이 형을 정한다.

The presiding judge, judge and chief offender;

Judges Kim Gin-soo

Judges