Practice Areas

Murder

Murder is, as the term indicates, a crime established by intentionally killing a person. Because it deprives a person of life, murder is punished severely and is regarded as a grave offense.

1. Murder | Definition

Criminal Group Practice Areas Requirements for Establishing Murder

Murder is a crime established by intentionally killing a person.

A murder committed on impulse and a murder committed with planning carry different penalties, and the cause of the murder is also important.

Because the circumstances that must be considered for murder fall into several categories, it is a crime that requires careful legal review.

Requirements for Establishment

Murder is a crime that violates the life of a person, and there must be an act of killing a person.

The means or method of killing may be tangible or intangible, direct or indirect, by commission or by omission, and any act that terminates the life of a person is assessed as an act of murder.

The intent in murder is not recognized only where there is an explicit purpose or a planned intention to kill.

According to Supreme Court precedent, the criminal intent of murder by dolus eventualis may be recognized even where the offender merely perceives or foresees the possibility or risk that his or her conduct may cause the death of another.

Supreme Court Decision of July 21, 1987, 87Do1091

The intent in the crime of murder does not necessarily require a purpose of killing or a planned intention to kill; it is sufficient that the offender perceives or foresees that his or her conduct carries the possibility or risk of causing the death of another, and such perception or foresight may be definite or, even if indefinite, suffices as so-called dolus eventualis, by which the criminal intent of murder is recognized.

2. Murder | Types

Daeryun Criminal Group Practice Areas Severity of Punishment for Murder

Murder is a crime that violates the life of another, and various types exist.

Murder, Murder of a Lineal Ascendant

Murder is a crime that violates the life of another.

Murder of a lineal ascendant refers to the killing of a spouse or a lineal ascendant, where the spouse and lineal ascendant mean persons in a legally recognized marital or family relationship.

If a couple who are in fact spouses but have not registered their marriage (a de facto relationship) kills a lineal ascendant, it is punished as ordinary murder.

Where an adopted child kills an adoptive parent, the crime of murder of a lineal ascendant is established.

In addition, if a person kills the lineal ascendant of a spouse after the marital relationship has ended through the spouse's death, ordinary murder applies.

Murder upon Request or with Consent

Murder upon request or with consent refers to killing a victim upon that victim's request or consent, and it is commonly also called murder with consent.

Murder upon request requires that the victim's clear expression of intent and the act of killing correspond, whereas murder with consent is satisfied as long as it does not clearly run counter to the victim's intent.

Murder upon request

Where the victim makes a request, such as “I would rather you kill me,” and the killing is carried out accordingly

Murder with consent

Where the killing is carried out with the victim's consent, such as “Kill me instead”

Murder upon Request Induced by Deception, etc.

This is a crime established where a person obtains a request or consent by means of deception or force and kills the person, or makes the person resolve to commit suicide and thereby causes the suicide.

Here, ‘deception’ means achieving one's objective by exploiting the other party's ignorance or mistake without disclosing the purpose or means, and it includes not only mere fraud but also inducement.

Meanwhile, ‘force’ means tangible or intangible power capable of overcoming a person's will, and it covers not only assault or intimidation but also the use of social or economic position.

3. Murder | Severity of Punishment

Murder is punished under the Criminal Act, and the severity of punishment is applied differently depending on the case.

In addition, preparation or conspiracy to commit murder, as well as an attempt, are also separately punished under the Criminal Act.

▶ Criminal Act Article 250 (Murder, Murder of a Lineal Ascendant)

A person who kills another

Death, imprisonment for life, or imprisonment for not less than 5 years

A person who kills his or her own or a spouse's lineal ascendant

Death, imprisonment for life, or imprisonment for not less than 7 years

▶ Criminal Act Article 252 (Murder upon Request or with Consent, etc.)

Where a person is killed upon that person's request or

with that person's consent

Imprisonment for not less than 1 year and not more than 10 years

Where a person is instigated or aided

to commit suicide

▶ Criminal Act Article 253 (Murder upon Request Induced by Deception, etc.)

Where a request or consent is obtained by force and the person is killed

Death, imprisonment for life, or imprisonment for not less than 5 years

Where a person is made to resolve to commit suicide by force

▶ Criminal Act Article 254 (Attempt)

An attempt to commit murder, murder of a lineal ascendant, murder upon request or with consent, or murder upon request induced by deception, etc., is punishable.

▶ Criminal Act Article 255 (Preparation, Conspiracy)

A person who prepares or conspires

for the purpose of committing murder

Imprisonment for not more than 10 years

Sentencing Guidelines

▶ Where there are circumstances particularly taken into account regarding participation in the crime

▶ Excessive self-defense

▶ Intent of murder by dolus eventualis

▶ Provocation by the victim

▶ In the case of an attempt, minor injury (including no injury)

▶ Mental and physical weakness

▶ Voluntary surrender

▶ No wish for punishment or substantial recovery of the harm

▶ Passive participation

▶ Aid and transport after the crime

▶ Sincere reflection

4. Murder | Response Method

Murder is treated as one of the most serious violent crimes in society.

Because there are correspondingly many factors to consider and the sentencing guidelines are the most complex, legal review is important.

Securing and Reviewing Evidence

The circumstances of the scene should be recorded in as much detail as possible, and related materials, such as nearby CCTV footage, photographs, call records, and text messages, should be collected without omission.

If there are witnesses, it is advisable to accurately confirm their identities and the content of their statements and to obtain those statements in writing.

It is necessary to review carefully the evidence and materials submitted by the investigative authorities and to find points that contradict or are inconsistent with the facts.

Analysis of Evidence

It is necessary to analyze closely how the secured evidence functions in revealing the substantive truth of the case, to judge the credibility of the evidence objectively, and, where necessary, to consider seeking the advice of a specialist in the relevant field.

If evidence has been fabricated or improperly collected, the problem must be clearly identified and addressed.

Preparing Consistent Statements

During questioning by the investigative authorities or a statement in court, consistent content must be maintained from beginning to end, and because false statements or content that differs from the facts may later operate to your disadvantage, it is important to answer accurately based on your own memory and the facts.

Before being questioned, it is advisable to review the content of your statement in advance and to note or organize the important points.

Understanding the Legal Procedures

You should accurately understand each stage of the case, such as the police investigation, the prosecutorial investigation, and the court hearing, and clearly recognize your rights and obligations during questioning.

Even in a voluntary investigation, you have the right to refuse to answer questions that are disadvantageous, so it is important to become sufficiently familiar with the legal procedures and to respond carefully and actively.

Gathering Sentencing Materials

Sentencing factors suited to the specific circumstances of the case should be actively gathered, and whether a settlement with the victim's family is being pursued is also important sentencing material.

Efforts to recover the harm, an attitude of sincere reflection, the motive and course of the crime, and the defendant's family relationships and record of social activity should be organized systematically so that they can be submitted to the court.

Because such materials can operate favorably in determining the sentence, it is necessary to manage them carefully.

5. Murder | Difficult to Handle Alone?

In murder cases, the relationship with the victim, the course of the crime, and the types of evidence are highly varied and complex, which can make it difficult to respond alone.

Because of the seriousness of the case, the investigative authorities conduct an intensive investigation and strict legal procedures follow, and establishing a legal response strategy suited to this requires specialized knowledge and experience.

This firm has many criminal defense attorneys with substantial experience, so it analyzes closely the characteristics of each case and systematically establishes a tailored defense strategy.

In particular, it provides careful legal support throughout the entire process, from preparing the suspect's statements to reviewing evidence and explaining the legal procedures.

In addition, through cooperation with its in-house evidence investigation center, it thoroughly verifies the credibility and accuracy of evidence.

If you are having difficulty defending against punishment for murder, you may request the assistance of a criminal defense attorney.

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