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| ↑ 20 people killed in the 50s and dozens of times during a bombing / photo = Yonhap News |
There has been controversy over allegations of the alleged perpetrator of the "Do not Ask the Question of Aggressive Murder" case in Gyeongnam Province.
Police have sent 20 suspects to the charge, accused of being killed in Shanghai, but the prosecution has been charged with murder and arrest.
The criterion for separating the killings in Shanghai from murder depends on their willingness to kill a person.
The murder charge only applies if the intention to kill a person or the unintentional intention to "die" can be accepted.
Even if the other person is killed as a result of the badault, the murder charge will not apply without the intent of murder.
However, since the intentional intention is close to the psychological factor and is difficult to objectively identify, it has so far been the subject of much controversy.
A typical case is the case of abuse of a steppy stepmother in 2013 in Gyeongbuk Province, where her mother-in-law beat her 8-year-old daughter-in-law.
The prosecution has charged the mother-in-law with murder, claiming that it was difficult to recognize the murder intentions when the daughter-in-law had postponed the death of the daughter-in-law two days later.
Some NGOs and some lawyers have accused the government of punishing them for murder.
As a result, the court was also criticized for failing to sentenced to 15 years in prison and water patrols for carrying charges of injury based on the suspicion that it is difficult to recognize the intentions of murder , considering that they did not use weapons or dangerous products.
In 2015, a motel in Ulsan was accused of murdering a 40-year-old woman who was badaulted by a woman who was badaulted and killed, but the court sentenced her to 12 years in prison for inflicting injuries on the grounds that She had a CPR and 119 paramedics.
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| ↑ Child Abuse / Assault (PG) / Photo = Yonhap News |
The prosecution insisted on the murder and, after the pronouncement of the sentence, a death sentence case was handed down in application of the Shanghai homicide.
A woman in her 30s who was killed in her hometown in Naju, South Jeolla Province in 2015, was found innocent in the first trial.
The woman was charged with crying incessantly while she was crying over her daughter and being beaten several times for 10 minutes in the womb.
The prosecution's investigation into whether his murder conviction was warranted by his attempt to change the judge's position of the court rendered the trial judge not guilty of intentional murder.
Since then, the court has charged the woman with five years' imprisonment for the injuries inflicted on the prosecution as part of the preliminary appeal.
The controversy around murder and injury is so inevitable, that is, the sentences vary greatly depending on the application.
As the current law focuses on motivation as well as the consequences of crime, the penalty of willful murder is "death sentence, weapon or maximum term of imprisonment of five years". .
If so, what about "the homicide murder case", a controversial insolvency case?
Experts point out that the police would have changed prosecutions of the prosecutor's office because of the fact that there was a king in the process, but that there was some controversy about the investigation of the police.
Professor Lee Soo-jung, Department of Criminal Psychology, Gyeonggi University, said: "It's not the crime but the nature of the incident. first, that the police should have made a clear decision on the original intention. " There are many questions such as watching the victim or telling the witnesses that "I am a policeman and I am leaving".
"If the victim is killed during treatment, there is a part where the victim is convinced that the injury has been changed from Shanghai to Shanghai," he said. "But it is necessary to check if the victim is really dead on the spot, we will not be able to criticize the fact that the investigation is not good."
According to the police officer, the victim was killed at the scene of the crime, but the statement was difficult.
Professor Lee Woong-hyuk of the Konkuk University Police Department said, "Whether deliberate or not is a psychological factor, it is right to monitor the court's decision rather than try it now." The issue of murder and injury has been repeatedly controversial, I lost it. "
"Apart from that, aside from that, most people have the legal sense that murderous acts, such as punishment, must be severely punished, such as" do not ask about Geoje, "and it says that "I need to catch him. "
Chang-Won Ryu, the head of the prosecutor's office, said the police
The application of lethal charge of Shanghai was not controversial.
"The investigation at the police level was not over," he said. "If you reach the final conclusion after the prosecution, the charges could change."
The police decided that it was prudent to apply the charge of manslaughter in Shanghai and it is natural that the charges change during the investigation.
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