Violation of the Convergence Business Act

2014. Consolidated order for attachment

2014 early 3389 (Consolidated Probation Orders)

One hand knife seized (Evidence 2, 2114 No. 2, 2014 of the Incheon District Prosecutors' Office), one knife electric knife (No. 3), one knife (No. 4), one vinyl (No. 5 of the same proof), one knife (No. 6 of the same proof), one knife (No. 7 of the same proof), one knife (No. 8 of the same proof), one knife (No. 8 of the same proof) shall be confiscated, respectively.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 30 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

The request for probation order of this case is dismissed.

【Criminal facts

1. homicide;

The defendant, the person subject to a request for attachment order, or the person subject to a request for probation order (hereinafter referred to as the "defendant") has been engaged in sexual traffic with men who come to know through the Internet or mobile phone hosting without a certain occupation, and the victim C(50) has become aware of sexual traffic around May 2014 and around 25.

On May 26, 2014, the Defendant, from around 12:00 on May 26, 2014, exchanged telephone conversations and text messages with the victim and promised to talk around 16:00 on the same day in the vicinity of the automobile theater E.

At around May 26, 2014, around 17:00, the Defendant was sleeped with the victim at Gamo 214, Gmo 214 located in Mana City F. From around 18:42 on the same day to 20:13 on the same day, the Defendant killed the victim due to a knife (the total length of 29.5cm, 16.5cm in length) in possession of the victim’s knife (the total length of 29.5cm, the knife length of 16.5cm).

2. Destruction, damage, and abandonment of a corpse;

The defendant killeds the victim as referred to in paragraph (1) and used electric saws, etc., to remove the body of the victim in other places well.

At around 12:38 on May 27, 2014, the Defendant purchased a e-mail trip from "I" for the purpose of using the body damage and abandonment of a dead body, and purchased an electric saw at K located in the J of Goyang-dong, Manyang-si, Goyang-si on the same day at around 16:00 on the same day. On May 28, 2014, the following day, at around 19:12 on May 28, 2014, the Defendant returned to the above Gel 214, where the body of the victim is in the body of the victim, cut off the upper part of each wide bridge of the victim's body.

Then, the Defendant: (a) laid down the body part of the victim’s body with vinyl, laid down the body part of the body part of the victim’s body, laid down the body part of the victim’s body into a bags for travel by putting it into a package with plastic strings; (b) laid down the body part of the body part of the victim’s body into a plastic string; and (c) laid down the body part of the body part of the victim’s body from around 08:0 on May 28, 2014 to a vehicle owned by the Defendant on May 23:56, 2014, while driving the body part of the victim’s body on a strike and the body part of the body part of the victim’s body at around 15:0, 649, as the body part of the body part of the victim’s body was 649, and abandoned the body part of the body part of the victim’s body on the agricultural waterway located in

Accordingly, the defendant destroyed the body of the victim and abandons it.

3. Larceny and violation of the Specialized Credit Finance Business Act;

On May 27, 2014, at around 09:30 on May 27, 2014, the Defendant used a stolen credit card, etc. over 18 times, as indicated in the list of crimes in the attached Table, including the payment of accommodation charges of 120,000 won by using the victim’s new credit card, which was located in the victim’s wall, a new credit card, a national physical check, and a new physical check card.

m. Facts of the cause of attachment order

The Defendant, as stated in the facts of the crime, destroyed and abandons the body of the victim to conceal his/her own crime after killing the victim, and considering the background and method of the crime in this case, character and conduct of the Defendant, the environment and the circumstances after the crime, etc., the Defendant is likely to recommit the murder crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness L, M, N,O, P, Q, R, T, U,V, W, and X;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each police statement on Y, Z, AA, T, M, V, W, X, L,O, P, Q, and R;

1. Protocol of seizure (excluding parts concerning clothes, etc. of suspects, and the details of seizure of pages 204 of the investigation records), protocol of seizure (excluding passenger cars, electric saws, blades, etc., and the details of seizure of pages 212 of the investigation records), protocol of seizure (excluding driver's license, receipt, etc., and records of investigation);

1. A death diagnosis report, a written request for appraisal, a written request for appraisal, a written appraisal for autopsy, and a written mental appraisal report;

1. On-site inspection report, a survey report on the actual conditions of each field, and a comprehensive investigation report on the case;

1. Documents related to reporting on runaways, details of telephone calls of the victim, CCTV for crime prevention, identification of CCTV for crime prevention, identification of suspect's family relation certificates, etc., receipts (receipts in suspect's vehicle), copies of medical records, certificates of each letter, details of text messages of the suspect-victim's text messages, details of credit card usage, Internet search details after committing the crime, receipts, and details of restoration from suspect's cell phone;

1. On the spot and photographs of the corpse, photographs related to each seizure, field pictures (place where partial resignation is discovered), records of the telecom, accessCCTV, on-site photographs, etc., seized objects photographs, CCTV screens, receipts, CCTV screen pictures, etc., and photographs worn by the suspect;

1. Report on internal investigation (verification of CCTV around the place of discovery), internal investigation report (verification of CCTV around the site), internal investigation report (verification of CCTV around the site), internal investigation report (verification of CCTV around the site), investigation report (verification of CCTV around the site), investigation report (vehicle mobile player), investigation report (verification of a suspect's residence and CCTV), investigation report (in the course of execution of a warrant for verification of search, seizure, and search report (excluding page 180), investigation report (excluding page 180), investigation report (in the course of execution of a warrant for verification of search, seizure, and search of CCTV around the site), investigation report (in the case of a suspect and telephone conversation), investigation report (in the case of a suspect and a man with telephone conversation), investigation report (in the case of a person with a telephone conversation and a person with a telephone conversation), investigation report (in the case of a person with a charge, such as the former one), investigation report

1. The risk of recidivism of the crime of this case: (a) the following circumstances acknowledged by the evidence revealed as follows; (b) the crime of this case was committed by the Defendant to kill the victim at the conference and to conceal his own crime; (c) the Defendant cut off the victim’s body with an electrical saw to the Seoul East-gu Corporation and Pakistan-si in order to avoid his crime; and (d) the nature of the crime was extremely poor in light of the background of the crime, the method of taking the crime and the details of the crime; (b) the Defendant: (c) the Defendant, at the time of the first interrogation of the suspect by the police, led the Defendant to avoid all the facts of the crime of this case; (d) the Defendant, after committing the crime, led the Defendant’s vehicle to contact the other party who was living on the Internet hosting site under the conditions of imposing no taxation of the body of the victim; (e) the Defendant’s mental assessment of the Defendant shows considerable possibility of edification and improvement according to punishment; and (c) the Defendant’s mental uncertainty and behavior and the possibility of using the victim’s body is highly and sen.

Application of Statutes

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

Article 250(1) of the Criminal Act (Murder, Selection of limited imprisonment), Article 161(1) of the Criminal Act (Aggravated Destruction and Damage), Article 161(1) (a) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (Aggravated Punishment and Damage of Body), Article 70(1) of the Specialized Credit Financial Business Act (Aggravated Punishment and Selection of Larceny), Article 70(1)3 of each

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes of homicide with the largest punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

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

Article 5(3), Article 9(1)1, Article 9-2(1)1, Article 9-2(1)2 and 3 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant is unaware of the victim at all, who died of or destroyed or deserted the body of the victim, and there is no fact of using the credit card of the victim, and the motor vehicle under the name of the defendant has not been driven for a long time and has been taken by CCTV is not the defendant, and the name of the mobile phone and the hosting site was stolen. Even if the defendant committed the crime of this case, he is a legitimate violation against rape of the victim, and is committed in the state of mental and physical disability.

2. Determination

(a) Facts of recognition;

The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

① At the investigative agency and this court, at around March 30, 2014, May 30, 2014, and around 16:35, T had sexual intercourse with the Defendant through the Internet hosting website, and the Defendant stated that he had been on board the vehicle around March 2014, and that V had sexual intercourse with the Defendant at the Internet hosting site around December 2010 at the investigative agency and this court, and around April 2014, at the Internet hosting site, around 15,00,00 won was paid in consideration of sexual intercourse, and that the Defendant was on board the vehicle in this court and around January 2014. < Amended by Act No. 12217, Jan. 5, 2014>

② The CCTV installed in AB apartment at the time of strike, which is the dwelling of the defendant, was taken in a place where women who wear stampers, strawets, hats, and hats, get on and off elevators at around 5, 2014. 5, 26:45.

③ On May 25, 2014, the victim took note of his cell phone numbers in the name of the Defendant, including “Nemando YYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY.

④ From May 27, 2014 to May 17, 2014, the victim’s credit card and check card were settled or not approved 18 times between May 29, 2014 and May 26, 2014. In the case of Nos. 2 through 5, and 7 through 12, the victim’s face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-face-to-face-.

⑤ On May 27, 2014, at around 15:56, the Defendant’s vehicle arrived at K located in the Dong-gu, U.S.J. Around 16:42, women who wear test fluor and caps purchased electric 16:42 1.42 1.4,000 won, and was boarding or leaving the said vehicle. The witness M, the owner of K’s business, testified that those who purchased the electric saw are the Defendant.

6. A female who takes a test fluor and a scamet returned to the defendant's residence on May 27, 2014 on or around 17:05, and left the defendant's residence on or around 18:26, and entered the above Gel with a shopping white in around 19:12.

7) At around 02:09 on May 5, 2014, 28, the 02:09, a woman suffering from fluencies of fluencies, coming from the fluencies, and entered the 02:19 on the same day, the above vehicle used shopping bags in plastic bags, which was enclosed by plastic bags. On the same day, around 07:55 on the same day, the female left the fluencies of the vehicle and left the fluencies on the back of the vehicle.

④ A woman suffering from fluench fluench pattern fluenchus fluenchus returned to the Defendant’s residence on May 28, 2014 at around 09:15, and around 16:29 of the same day, a woman suffering from test color fluencing fluence went out of the Defendant’s residence; around 18:15 of the same day, the Defendant’s passenger car arrived at the said K and purchased KRW 42,000 for transport by the woman suffering from test color fluencing fluencing flus; and the witness M testified testified as the Defendant in this court (M recommended that the fluscing flus would go into the car, but the buyer was killed and brought directly to the car, but this seems to have been caused by a trip for travel of the victim’s body in the back fluencing seat at the time of the said vehicle).

9. On May 31, 2014, the upper half of the body of the victim for official travel: At around 08:0, at around 15, 15, 649-gil (high-dong 709-7). On May 30, 2014, the CCTV was found on a street suitable for the global chemical industry. On May 30, 2014, at around 22:10,000, the Defendant’s vehicle was removed from 3:5,000 2:0 3:0 2:5,000,000 3:0 3:0,000,000 2:3:0,000,000 2:3:0,000,000 2:3:0,000,000 3:0,000 3:0,000 3:0,000,000 3:3:0,000.

In the early stage of investigation, the defendant led the police to murder or abandon the victim's body, and the police instructed that the body part of the victim's body was on the 229-3 deaf water in the same principle, and found the victim's body part of the body. On May 30, 2014, around 01:15, the defendant's cell phone showed that the police officer searched the victim's cell phone and searched the victim's cell phone, such as so doing, Pakju, Priju, Priju, Priju, Priju, Priju, etc.

① In the part of the saws attached from the Defendant, the genes consistent with the victim’s genes were confirmed in the part of the saws attached from the Defendant, and the genes consistent with the victim’s genes and the Defendant’s genes were confirmed in the part of the saws attached from the Defendant.

(12) The Defendant was arrested at the above residence, and was arrested by the Defendant in his cell phone, clurr car, walk electric saw, household, vinyl, vinyl, knife, CCTV, and the test color car that appears to have been worn by the female under the name of the Defendant who appears to have been used for the instant crime, and was seized from the Defendant who was in possession of the Defendant.

C. Determination

1) As to the crime of this case

The above facts are acknowledged as follows by the evidence duly adopted and examined by the court. ① The defendant has been engaged in sexual traffic or sexual intercourse with men before and after the crime of this case through Internet hosting site D, etc. Among the opposite south, T, V, and W stated that the defendant was in motion or in color strings. At the time that the defendant was arrested in his residence, the defendant's possession was seized together with color strings. ② Women boarding the elevator at the defendant's residence, women who entered Gel with the victim's credit card at the scene of the crime, and women who purchased the victim's body card at K, and women who purchased the victim's knife and knife with the electric knife at K, and it is similar to those of those of the defendant who purchased the victim's cell phone at the time of the crime of this case, ③ The defendant stated that the defendant was in possession of the victim's body at the time of the crime of this case, ③ the defendant's early detection of the victim's body and the front saw.

2) As to the self-defense and the claim of mental disability

No evidence was found to prove that the victim tried to rape the Defendant, and according to the copy of the medical record, the Defendant received drug treatment and counseling treatment five times from March 6, 2014 to March 20, 2014 for the treatment of presumed mental fission diseases in AG hospital from March 6, 2014, which was about one year and two months before the crime of this case.

However, the mental appraisal written by the doctor AH on July 22, 2014 stated that "the mental state of the defendant is a matter of nature as a state where the mental state of "the mental state of the defendant appears intermittently to be the appeal of physical symptoms and the scarcity personality, but it is not a mental state, but a mental state, at the present time, the ability and decision making capacity for each object are sound, and at the time of the crime of this case, it is presumed that even at the time of the crime of this case, the mental diagnosis written by the appraiser AI on December 17, 2014 is not a mental disorder to the extent that the mental state of the defendant only conducted the diagnosis of a unique mental disorder, and it is presumed that there is no big difference with the present mental state at the time of the crime of this case," and therefore, it is not acceptable to this part of the defendant's mental disorder and defense counsel.

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not less than five years and not more than 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) homicide;

[Determination of Punishment] homicide, Type 2 (Ordinary homicide)

[Special Persons under Guard] Destruction and Damage of the Deads, cruel Acts of Criminal Treatment

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment with prison labor for not less than 15 years, life imprisonment or more

【General Convicted Person】 Abandonment of a corpse

(b) Theft;

[Determination of Punishment] thief crime group, thief for general property, 2 types (general thief)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(c) Application of standards for handling multiple crimes;

[Scope of Recommendation for all Crimes] 15 years or more of imprisonment [limited to the lower limit of the range of sentence according to the sentencing criteria]

3. Determination of sentence: 30 years of imprisonment; and

The crime of this case was committed by the defendant in contact with the victim "in person" and knife with the victim, murdered the victim with knife, cut off the victim's body with the electric saw purchased to conceal his own crime. In addition, in light of the circumstances of the crime after the victim's death, the victim's purchase of goods with the credit card, etc., and the remaining conditions after the crime was committed, there are very heavy charges for the crime. The defendant, at the time of the first interrogation of the suspect by the police, led to the confession of the victim's murder and abandonment of the body, but did not indicate the motive of the crime, without disclosing the motive of the crime, by asserting that the victim's body was stolen, and even after the victim's body was kept on the defendant's vehicle, it cannot be seen that there was any sexual relation with the victim's bereaved family member, which could not be recovered from the victim's life due to the crime of this case, and even if the victim's body could not be recovered from the victim's life.

However, the court shall take into account the fact that the defendant has no other criminal records, other than the previous fine, as favorable to the defendant, and shall determine the punishment as ordered by taking into comprehensive account the following circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, which are conditions for sentencing as shown in the course of the trial and

Determination as to the request for probation order

In addition to requesting the defendant to issue an order to attach an electronic tracking device, the Kim Jong filed a request for probation order after the completion of the execution of punishment under Article 21-2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

A person subject to an order to attach an electronic tracking device, as the Defendant, is subject to the execution of an order to attach an electronic device immediately before the completion of the sentence pursuant to Article 13(1) of the above Act, and under Article 9(3) of the above Act, the person subject to probation under the Act on Probation, Etc. during the period of attachment is obliged to be put on probation pursuant to Article 9(3) of the above Act. Therefore, the request for probation order

Judges Domen

Support for Judges

A person shall be appointed.