2018Gohap 166 homicide

○○ (80-years, Credit)

○○ Kim (Institution of Prosecution) and Yellow ○○ (Trial)

Attorney Doo-○ (Korean Central Election)

July 20, 2018

A defendant shall be punished by imprisonment for five years.

Criminal History 1)

The Defendant had her husband’s 0 years of age (six years of age), victim Lee (five years of age), and experienced stress due to economic difficulties, delay in children’s speech development, etc., which led to dependence on drinking and tobacco since several years of age, and from January 2018, the Defendant got her husband’s her living together with drinking until late at night, including her husband’s friend and her friend.

From February 20, 2018: from around 18 to 04 on the same day, the Defendant: (a) considered that the Defendant, while under the influence of alcohol at around 00 on the same day, at the Seocho-gu Seocho-gu, Seoul Metropolitan City Seocho Village where the Defendant was living, he thought that the Defendant, her married, should have covered the victim with her ear, and should her ear away from the victim’s body; (b) taken the victim on the part of the victim on the part of the victim; and (c) prevented the victim from resisting the two arms by her hand, going on the part of the victim with her bucks; and (d) cut down the victim by her hand. However, at around 30 to 40 minutes, the Defendant: (a) taken the victim’s neck on the part of the victim into the floor; and (b) caused the victim to die her ske by pressure.

As a result, the Defendant murdered the victim under the condition that the Defendant is unable to discern things or make decisions due to other mental disorders such as summons, exchange time, etc. and alcohol induced mental disorders.

Summary of Evidence

Omission

Application of Statutes

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

Article 250(1) of the Criminal Act (Selection of Imprisonment)

1. Statutory mitigation;

Articles 10(2) and (1) and 55(1)3 of the Criminal Act.

1. Determination of sentencing: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Type 1 homicide (Murder Murder)

【Special Convicted Persons】

○ Mitigation elements: mental or physical disability (no one is responsible for him), and non-prosecution of punishment

○ Aggravations: Victims who are vulnerable to crimes [the scope of recommendations and recommendations] mitigation area, three years to five years of imprisonment;

3. Determination of sentence: Five years of imprisonment; and

The Defendant, by going up to the back of the victim’s course, led to the suppression of the victim’s resistance and the death of the victim by hand. The act of infringing upon the victim’s life with the most respected value that the State and society should protect is not justified for any reason. The Defendant murdered the victim’s mother who is only five years of age despite his/her duty to protect and rear the minor victim. The victim was killed from the Defendant, who is the mother, without any particular resistance to the age that the victim should grow healthy, without having to do so. The victim seems to have suffered considerable pain.

However, the Defendant has recognized the instant crime and his mistake in depth. The Defendant appears to have been able to see the victim in full, even before the instant crime was committed. The Defendant depended on drinking and tobacco to the victim, who is a child, and suffered economic difficulties by diagnosis of cognitive language disorders. At the time of the instant crime, the Defendant was in a state of lacking the ability to discern things or make decisions due to mental disorder of mental disorder of mental disorder and alcohol induced. The Defendant is at the time of the death of the victim, and the Defendant is under a state of lacking the ability to distinguish things from others or make decisions. The Defendant is under the criminal punishment of the Defendant, who is his spouse and father, does not want to be punished by the Defendant. The Defendant does not want to have any history other than criminal punishment. The Defendant’s ○○○, who is the victim’s father, does not have the ability to pay more attention to the Defendant’s family members by taking account of the following circumstances: (a) the Defendant’s age of 6,000 mother’s length, who is also the victim’s spouse, and family members, and is more interested in the Defendant’s society.

Judges in the form of a judge

Kim Jae-ho

Judges Na Jae-young

1) The facts charged were appropriately revised to the extent that it does not interfere with the Defendant’s exercise of right to defense.