The summary of this decision shall be published.

The Defendant was a taxi driver belonging to H in Jeju, and a person who was driving a white NFnata taxi with the closure of the above H-H-affiliated I g, and the victim J (W, as of February 1, 2009, was 26 years old) was a passenger of the above taxi.

On February 1, 2009, at around 03:08, the Defendant boarded the victim to the taxi on the roads near K apartment near the city of Jeju, and operated the cab to the near N in M located in the victim's residence, around 03:45 on the same day, while driving the cab to the Jeju-si L room, which is the victim's residence.

around that time, the Defendant tried to rape the victim by eating the victim to rape on the road above, cutting off the clothes of the victim, and rape the victim. However, when the victim strokes the victim, the victim strokeed the victim’s stroke, killed the victim’s stroke by light pressure, and laid the body of the victim’s stroke through drainage near N.

Accordingly, although the defendant tried to rape the victim, he attempted to murder the victim in the course of attempted rape due to the victim's resistance.

2. Summary of the defendant and his defense counsel

A. On February 2, 2009, the day of the instant case, the Defendant carried 30 male passengers on the new wall, landed the 30th regular male passengers on the side of the building located around the destination, using a one-way road, and arrived at Q2 distance near the Pelmo in Jeju, a lodging room, and returned to Jeju as soon as scheduled due to the new wall time, and again, the Defendant was in the mind that he would have to operate more than 50 days before the completion of the premium time, and it was difficult for the Defendant to 50th male passengers from the S box near the S box located in the Jeju, which was located in the Jeju, to go to Ulri direction, rather than the first day, and was in the direction of Ulri, instead of the passenger’s request, and was in the direction of V hospital, Wrota and X company, which was in operation through the AAisle road in the Jeju, and was in the vicinity of the victim’s destination, and did not go to the victim’s temporary rape at around 050 days.

B. On February 18, 2009, when the police search and seizure of the defendant's hearing site at the above Pel, the defendant searched PelC, the defendant's residence, without obtaining a prior search and seizure warrant, and when the defendant's hearing site was discovered as a result of search and seizure, the judicial police officer, not the judicial police officer, voluntarily receives a request from AD, the defendant's domicile, and the record or seizure list was not prepared at the time. The search and seizure of the defendant's domicile is illegal, and therefore, the defendant's hearing site and the U.S. textile evidence and its analysis data are inadmissible.

3. Facts recognized.

The basic facts found based on the evidence duly adopted and investigated by this Court are as follows.

(a) The day of the victim;

1) On January 31, 2009, from around 19:30 on February 1, 2009 to around 02:30 on February 1, 2009, the victim drank (Evidence records; hereinafter the same shall apply) dump wheat 4 walkn and beer dump wheat 4 walkn (Evidence records; hereinafter the same shall apply), 02:40 walk walkn around 02:40 walkn and walp AJ around AI, and walp AK walk walped from around 02:45 at around 02:45, the victim sent walk hump to AJ's hump and 30 hump an AJ's hump to hump.

2) At around 03:00, the victim sent a text message to AJ at around 03:03 that he/she had no waiting taxi after asking about whether he/she was a taxi, and then terminated the phone. At around 03:03, the victim sent a text message to AJ that he/she did not want to do so. At around 03:07, the victim heard the message that he/she does not have any waiting taxi but has to move for a long time. At around 03:08, the victim got a call again at around 114,00.

3) At around 09:10 on February 2, 2009, the mother of the injured party reported the disappearance of the injured party’s cell phone to the Jeju East Police Station, where the injured party’s cell phone was not returned home and all of the injured party’s cell phone were left home. As a result of the victim’s real-time tracking data on the cell phone location tracking data from the victim’s cell phone location (AO), it was confirmed that all of the last part of the injured party’s cell phone were taken out from the U base station located in AP on February 1, 2009 to the east area within 4 km (No. 4 right 2,747 pages).

4) After that, around 15:20 on February 6, 2009, the banks containing the victim’s wallets, identification cards, cell phones, etc. were found in the forest speed below the farm fright in Q Q Q at Jeju. At the time, the contents recorded in the pocket book inside the victim’s home were found to have been sucked in both the bank and the possessions contained therein, such as milching in the water season.

(b) Circumstances and results of autopsy at the time of detection of the victim;

1) On February 8, 2009, 7:50 days after the victim was missing, the victim was found to have been missing at 50 meters wide from the edge of a road (in fact, it is stated that it is neighboring roads located at Jeju M) at 24km away from 50cm wide, 50cm high, and 50cm high, and the victim was missing at the time of disappearance. At the time of the disappearance, the victim’s inner part was 6 muck off to the ground and 6 muck out of the upper part, and the part was 5 muck out of the upper part, and was 6 muck out of the upper part, and was 5 muck out of the upper part, and was 5 muck out of the upper part, and was 5 muck out of the upper part, and the part was 5 muck out of the upper part, and was 5 muck out of the upper part, with the exception of the above mucking part.

2) As a result of the victim's autopsy against the victim, the victim's 1string of eye (a pressured her face from the upper part of the neck was scattered from the 8th body of her face by blocking the blood flow of chiller and her face, and the her upper part was occupied by her upper part, and the her upper part was presumed to have been cut off on her upper part, and the her upper part remains at her upper part, and there was a phenomenon of her upper part, left her upper part, and the her upper part was cut down on the boundary of her hand, and approximately 1.2 cm on the upper part, approximately 0.7 cm on the upper part of her upper part, and approximately 0.7 cm on the upper part of the 1st body of the victim (the upper part of the 3rd body of the victim, including flag, glass or self-help, and the upper part of the victim's body and the upper part of the victim's body were deprived of k and the upper part.

On the other hand, half-1) was fixed in a fixed state that focuses on the front and left side of the body, and it was strongly formed and fixed at the time of autopsy. 3 (No. 7) (No. 43) was not verified that the body of the victim seems to be attached to the body, and it is presumed that the victim was killed at the place where the body was discovered and immediately abandoned (No. 1st right 603, No. 96).

3) The AS of the autopsy was ① the body temperature of the body at the time of the autopsy was measured with 13 degrees, while the body temperature around the site was measured with 9.2 degrees, ② the body temperature was left higher, ② the body was left at the time of the autopsy. ③ The body was found at the time of the autopsy with strong wind, and the body was found at the time of the autopsy until 8 p.m., the body was found at the time of the autopsy. ② The body was found at the time of the autopsy by 1:50 minutes a.m., and the body was found at the time of the autopsy until 8:0 p.m., the body was found at the time of the autopsy. As such, the body was presumed to be within 24 hours from the time of the detection of the body’s death (No. 7:50 on February 8, 200), and the body was found as a result of the victim’s death after February 7, 2007.

C. Investigation of the Defendant

1) After the body of a victim was discovered on February 8, 2009, the police requested a taxi from 03:00 to 2 times on February 1, 2009 by the victim from 03:0 to 114. Finally, at around 03:08, the victim got a telephone from 114 seconds, and the victim got a telephone from 114 to 114, the police confirmed that the victim got a telephone from 10:0 to 10,000 to 114, and that the victim was able to ask the other call taxi's telephone number and moved to 114. The victim was found to have returned to AV distance, AW front, AX, AXO, and the victim was anticipated to go through the main road via the point where the AYM model was installed, and the victim was found to have returned to AY only after checking the victim's body and the victim was found to have returned to AYM 14.

2) Furthermore, taking into account the fact that the time when the victim boardedd 114, which was the victim's last cell phone calls, 03:08, which was 03:08, which was 1 second, the victim's last cell phone calls, and that at the time the traffic volume was not high, the victim was presumed to have been 15 minutes of the required time when the victim used the victim as one week for the first time during the Jeju city where there was K apartment, which was the house of the AJ for male-child-child-child jobing AJ, from the Jeju city where the victim was located, to the Jeju city where the victim was located, the victim was found to have been 15 minutes of the required time (03:23 L), and the offender tried to rape the victim while trying to murder the victim and to abandon the body in the process, and then the CCTV was presumed to have been 03:46 minutes of the CCTV center at around 20 minutes away from the Z road.

3) On the other hand, the police conducted a survey on the optimal way to choose when operating a 185 taxi among the taxi articles in Jeju-do with K apartment located in the victim's male-gu house in Jeju-do to the victim's house, and 134 of the 72.4% of the 72.4% of the 72.4% of the 70% of the 766666-200-2060-2060-200-2060-20-2060-200-70-200-70-200-70-70-200-70-70-10-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-70-7,000-70-70-7

4) The police, based on the fact that the taxi driven by the Defendant transit through the AY Vehicle Number Reading Device installed on the optimal operational route, and that the entire phone details in BC from January 31, 2009 to February 1, 2009 among the phone numbers in BE used by the Defendant and the telephone numbers for business call (BE) are deleted, the Defendant’s behavior is doubtful on the day of the instant case, and that the appearance and color of the Defendant’s yellow NF cab operating the Defendant seems to have been similar to the vehicle presumed to have been driven by the Defendant as a result of a visual analysis of CCTV, etc.

5) On the day of the instant case, the Defendant had a test color locked, with the pattern of Myanmar in the test color (No. 741 on the date of the instant case, compared the victim’s left hand and left hand part, the victim’s left hand part and left part part part, the suspension of ice, the right shoulder and knee in the Defendant’s south side and knee, were found to have been found to have been similar to the Defendant’s Jin-ray, which was detected in the Defendant’s south side and knee-ray (No. 903, No. 948 on the date of the instant case). The Defendant’s cab-ray, the Defendant’s cab-ray, the son-ray, the lower part of the Defendant’s cab-ray, and the first part of the cab-ray, was found to have a “rain fiber,” which is similar to that of the victim’s son-ray found to have been found to have been similar to that of the victim.

D. The defendant before and after the occurrence of the instant case

1) From June 1998 to October 2010, the Defendant served as a taxi engineer at five Jeju-do taxi companies. The Defendant operated an entertainment drinking house with a female living together with BC, while running a taxi in side business at night. At the time of February 1, 2009, the Defendant was working as a 79 in total for a 1,359 corporation taxi in Jeju-do, and at the same time, 18 in white NF stations and 18 vehicles in white nFnas with a yellow-flus upon which a yellow-spe is attached (No. 2, No. 1,563 page), while working as an engineer belonging to H, and the Defendant was driving a white nFnas on the day of the instant case along with an Imine, etc. attached to H.

2) The Defendant, who is a usual female living together, had to work in BG dynasium located in BF at Jeju. From 02:00 to 03:30, the Defendant returned home again from 02:0 to 03:30, and it was difficult to do so. The Defendant did not have to go home without any particular reason on the day of the instant case, and there was no prior understanding or any ex post facto explanation to BC. After the instant case, the Defendant appears to have returned to BC again (No. 1,623 page 3).

3) Around that time, the Defendant took a bridge with BC, but sent text messages to BH on February 1, 2009, which was 07:00, to Seopopoposposposponding to Seoposposposponding to Seoposposposponding to BH on February 1, 200. Around 12:00, Hoposposponding to BH and she moved to the Defendant’s taxi and returned to Jeju City again. Since then, the Defendant was in line with BH from Seoposposponding on the coast to 10:00 of the next day.

4) When the investigation of the Defendant was conducted with respect to himself, the Defendant asked BH to leave the room by telephone to the Pel, and asked BJ to arrange a taxi located in the BK box by call to BJ, and requested BH to arrange the above Pel by requesting another female to arrange the said Pel (No. 2,058 of the third right).

5) The Defendant immediately filed a move-in report when he had a director in Jeju-do before the occurrence of the instant case. Around July 2010, the Defendant did not file a move-in report while living in Busan, Seoul, Gyeonggi, Gangwon, and Gyeongbuk-do, leaving Jeju-do, and did not file a move-in report. As a result, the Defendant’s resident registration was cancelled ex officio on May 11, 2015. The Defendant did not obtain a new driver’s license even though his driver’s license was revoked on March 3, 2016 because he did not undergo a regular driver’s license while working at the construction site of each country, but did not obtain a new driver’s license on March 3, 2016. The Defendant continued to use his mobile phone under the name of Non-resident BL without opening

6) Meanwhile, the Defendant was indicted with the Jeju District Court on the charge of embezzlement, and was absent from the trial, and was issued a warrant of detention of the Defendant. In the course of investigating the instant case, such facts were revealed and detained on February 9, 2009 (Arrest February 8, 2009). On February 27, 2009, the said court was released by being sentenced to a suspended sentence of five months for embezzlement.

(e) Additional matters confirmed in the course of re-investigation.

1) As seen earlier, the autopsy presumed the victim’s death time from around 13:50 on February 8, 2009 to within 24 hours, and the investigation of the Defendant, on the premise that the Defendant was killed on February 1, 2009, on the date the victim was missing, was practically suspended.

2) around 2016, the result was confirmed that the victim died on the date of the first presumption of death through testing and appraisal conducted four times in the course of re-investigation into the instant case.

3) As a result of the appraisal by the National Institute of Scientific Investigation (hereinafter referred to as "states") of the Republic of Korea (hereinafter referred to as the "National Institute of Tax Investigation"), animal hairs similar to the victim's sponsed sponsed sponsed from the string and back sponsed of the defendant's taxi (No. 805 of title 2), the victim's sponsed sponsed sponsed from the victim's sponsed sponsed (No. 2,819 of title 4), similar to the sponsed sponsed spons, driving spons and sponsed sponsed sponsed from

4. Issues of the instant case

A. The main issue of this case is the date and time indicated in the facts charged, the defendant was born to a taxi operated by himself at the victim's house in the place, and operated the victim's house in Jeju M, and murdering the victim for attempted rape. In light of the characteristics of this case where there is no witness or direct evidence to acknowledge that the defendant committed the above crime, the defendant can be presumed to have been on board the victim and operated according to the operation route asserted by the prosecutor. The possibility of murder by a third party, other than the defendant, can only be presumed to have been excluded from reasonable doubt, and the defendant cannot be deemed to have murdered only because he attempted to rape the victim.

B. On the other hand, the defendant and his defense counsel asserted that the search and seizure procedure of this case in question is unlawful, and they dispute the admissibility of the defendant's Cheongba and the unstoves evidence detected in the above Cheongba, and their analysis data (hereinafter referred to as "Cheongba et al."). Thus, the defendant and his defense counsel first judged this part and examined whether the facts charged of this case are recognized.

5. Determination on the admissibility of Cheongba, etc.

(a) Relevant legal principles;

Article 308-2 of the Criminal Procedure Act provides that evidence collected in breach of the due process shall not be admitted as evidence. Inasmuch as the Constitution declaring due process of seizure, search, inspection, and appraisal to ensure the security of fundamental human rights and the principle of warrant requirement, the normative force of the Criminal Procedure Act, which provides specific standards for seizure, search, and appraisal procedures, shall be maintained firmly so as to harmoniously realize the establishment of substantial truth and the ideology of the protection of rights of individuals, it shall not be admitted as evidence in principle unless it complies with the procedure prescribed by the Constitution and the Criminal Procedure Act, and the secondary evidence obtained based on such standards do not comply with legitimate procedure established for the protection of fundamental human rights. However, in determining whether to grant admissibility of seized articles illegally collected, it shall also constitute an exceptional evidence that violates the purpose and content of the procedural provision, the possibility of evasion thereof, the relationship between the rights and interests to be protected, the procedure and the defendant, and the relationship between the evidence collection procedure and the evidence collection procedure, thereby excluding the admissibility of evidence as evidence as evidence.

B. Determination

Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence illegally collected by the police in violation of the warrant requirement, and the non-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

1) It is evident that the police, at the time of search and seizure of the Defendant’s residence, did not obtain a search and seizure warrant. However, on February 9, 2009 and February 17, 2009, the police conducted an investigation into the Defendant on the charge of embezzlement, and the Defendant was indicted at Jeju District Court by 2008No745 and was absent from being served with the Defendant’s writ of summons, and was aware of the fact that the Defendant was detained in the Jeju Prison on February 9, 2009 (Arrest February 8, 2009) and was in custody in the Jeju Prison. Thus, if the search and seizure of the Defendant’s residence was necessary, the police conducted a search and seizure warrant lawfully in accordance with the procedure prescribed in the Criminal Procedure Act, and there was sufficient time to search the Defendant’s residence, and there was no urgent reason to obtain the warrant. However, the police searched the Defendant’s Cheongba without the warrant issued by a judge.

2) According to Articles 219 and 121 of the Criminal Procedure Act, a prosecutor, a criminal suspect, or a defense counsel may participate in the execution of a search and seizure warrant. As seen earlier, the defendant did not participate in the above search and seizure procedure, and it cannot be deemed that AD, a Pel owner who participated in the search and seizure process of this case, has the authority to participate in the above search and seizure process on behalf of the defendant. Thus, the above seizure procedure is unlawful since

3) Meanwhile, Article 218 of the Criminal Procedure Act provides that "any article left behind by a suspect, or any article voluntarily submitted by the owner, possessor, or custodian may be seized without a warrant." At the time, the defendant was living in the middle of Pel AC, and the defendant was detained, and even if the defendant did not keep, deliver, or delegate the management of his/her article in the above room to AD, it cannot be deemed that AD is the owner or custodian of the Cheongbow owned by the defendant. Thus, even if the police was submitted in the form of voluntary submission by AD, such seizure procedure is unlawful in violation of the above provisions of the Criminal Procedure Act.

4) In addition, according to Articles 219 and 129 of the Criminal Procedure Act, where an investigative agency seizes a seizure, a list of seizure, a protocol of seizure shall be prepared and delivered to the owner, possessor, custodian, and other equivalent persons. In particular, since the list of seizure is the most fundamental material for the persons subject to seizure, etc. to whom the right is exercised, such as filing a quasi-appeal against the seizure disposition, etc., the investigative agency should immediately prepare and deliver the list of seizure at the site immediately after the seizure does not interfere with such exercise of right. However, there is no evidence that the police prepared and delivered the list of seizure to the defendant at the time of the seizure of this case (at the time of the seizure of this case, there is no evidence that the list of seizure was issued to AD, and even if a list of seizure against AD was delivered to AD, it is difficult to deem that AD has the same effect

5) Furthermore, the non-processed evidence and its analysis found in the Cheongbabababababababababababababababababababa, which are illegally collected evidence, are in an indivisible relationship with the above Cheongbababa, which is an unlawful collection evidence, or merely a modified material, and even if not, each of the above evidences could not be collected if collected first through the seizure of this case. Therefore, since it is a secondary evidence collected based on the Cheongbababababababa, which is illegal collection evidence, and there is no circumstance to deem that the Cheongbabababababababababababababababababababababababa, which is not admissible, its admissibility should be denied. On the contrary, there is no evidence to acknowledge that the above Cheongbabababababababababababababababababababababab.

6. Determination as to whether to recognize the facts charged of this case

A. Relevant legal principles

Inasmuch as the recognition of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have no reasonable doubt, in a case where the name of a prosecutor does not reach the extent that he/she is able to have such conviction, even if there are circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, and the suspicion of guilt should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). Meanwhile, even in a case where a statutory punishment, such as the crime of rape, is heavy evidence without direct evidence, the recognition of indirect facts constituting the premise of major facts ought to be proven to the extent that it does not permit any reasonable doubt, and one indirect fact does not conflict with one another, and thus, ought to be supported by logical and empirical rules and scientific rules (see, e.g., Supreme Court Decision 201Do10895, Dec. 9, 2010).

B. Circumstances supporting the instant facts charged

검사는, 피해자가 실종 당일인 2009. 2. 1. 03:08경 피고인의 택시를 타고 귀가하다가 피해자 휴대전화의 전원이 꺼진 같은 날 04:04 이전에 피고인에 의하여 살해되었다.고 전제한 다음 이를 뒷받침하는 근거로, ① 피해자는 2008. 1. 31.부터 2009. 1. 19.까지 총 11회에 걸쳐 제주시에서 집으로 귀가하기 위해 AN 콜택시를 이용하였고, 그중 8회는 심야시간에 남자친구인 AJ의 집 근처에서 위 콜택시를 이용하여 귀가하였는데, 이 사건 당일에도 2차례에 걸쳐 AN콜센터에 전화를 걸어 택시 배차를 요청하였으나 이뤄지지 않자 114에 전화를 걸었다가 1초 만에 종료한 점에 비추어 2009. 2. 1. 03:08경 피고인이 운행하는 택시에 우연히 탑승하였고, ② 이 사건 당시는 추운 겨울 세벽 무렵이므로, 여성인 피해자 혼자 제주시에서 BP으로 귀가할 수 있는 교통수단은 사실상 택시가 유일하고, 그와 같이 늦은 시간에 택시가 아닌 타인의 승용차에 우연히 합승하였다고는 볼 수 없으므로, 당시 피해자가 지나가는 피고인의 택시를 탔을 가능성이 상당히 높으며, ③ 이 사건 공소사실은, 피고인이 K아파트 근처에서 피해자를 태운 다음 일주도로를 이용하여 BP 방면으로 이동하다가 피해자가 잠이 들자 목적지인 피해자의 집을 지나쳐 N 부근까지 가서 이 사건 범행을 저질렀음을 전제로 하고 있는데, 피고인이 운행한 택시가 2009. 2. 1. 03:14경 AY 차량번호판독기를 통과하여 일주 도로를 운행하였고, 피고인의 택시가 위 차량번호판독기를 통과한 시간은 만약 피고인이 03:08경 피해자를 K아파트 근처에서 실제로 태웠다면 교통흐름이 원활한 새벽시간 대와 거리를 고려해 볼 때 해당 지점을 통과하는 시간과 매우 근접하며, ④ 피고인이 당일 새벽시간에 주행하였다고 주장하는 운행 경로에 설치되어 있는 CCTV에서는 피고인의 택시가 촬영되지 않았고, ⑤ 피고인은 야간에 택시 영업을 하면서도 동거녀인 BC와 다투는 등 특별한 사정이 없는 한 BC가 일하는 단란주점까지 출근을 시켜주었다.가 업무를 마치는 새벽 02:00부터 03:30경 사이에 귀가까지 시켜주었음에도(앞서 살펴본 바와 같이 피고인은 이 사건 발생 이후에도 BC를 자신이 운행하던 택시로 귀가시 켜주었던 것으로 보인다), 이 사건 당일 BC를 귀가시켜주지 않았고, 이에 관하여 사전에 BC에게 양해를 구하거나 사과하지도 않는 등 평소와는 다른 행동을 취하였으며, ⑥ 피고인이 이 사건으로 조사를 받기 위하여 경찰에 출석할 당시 2009. 1. 31.과 2. 1. 피고인의 휴대전화 통화내역이 모두 삭제되어 있었고, 이 사건 수사과정에서 지인인 BH 등에게 자신이 지내고 있던 모텔방을 치워달라고 하거나 택시의 정리를 부탁하는 등 증거인멸을 시도했다고 볼 여지도 있으며, ⑦ 검사가 추정하는 범인의 이동경로(AV 삼거리 N-BB 유통센터 AA 펜션)에 설치된 각 CCTV 녹화영상에서 범인의 차량이 지나갔을 것으로 예상 및 추정되는 시간에 모두 노란색 캡등이 부착된 흰색 NF소나타 택시와 유사한 형태의 차량이 지나가는 것으로 보이는데, 당시 제주도내 노란색 캡등 이 부착된 흰색 NF소나타 택시는 전체 5,883대(법인택시 1,359대 + 개인택시 4,524대) 택시 중 18대에 불과하였고, 당시 피고인이 운행하던 택시가 그중 한 대였으며, ⑧ 국과수 감정결과 피해자의 신체 및 가방에서 발견된 미세섬유증거가 피고인이 이 사건 당일 입고 있던 의류에서 검출된 진청색(검은색) 면섬유 등과 유사하고, 피고인이 운행하던 택시 내부의 전사 테이프에서 피해자가 입고 있었던 옷에서 검출된 레이온 섬유 또는 모 섬유와 유사한 섬유가 확인되었으며, 특히 택시 뒷좌석과 트렁크에서 피해자가 입고 있었던 무스탕의 동물털과 유사한 동물털이 검출되기도 하였는데, 이처럼 피해자의 신체 및 가방에서 피고인이 입고 있었던 옷과 유사한 섬유가 다수 발견되고, 위 택시 내부에서 피해자가 입고 있었던 옷과 유사한 섬유가 다수 발견된 점에 비추어 피고인과 피해자가 상호 접촉하였을 가능성이 인정되며, ④ 피고인을 체포할 당시 압수한 휴대전화에 대한 디지털포렌식 결과 피고인은 미제사건으로 분류된 이 사건에 대한 재수사가 진행되자 이 사건과 관련된 다수의 기사를 검색하였고 그 중 유의미한 증게 확보라는 기사가 올라오자 '유의미하다' 라는 단어의 의미를 추가적으로 검색하였고, ⑩ 피고인은 이 사건과 관련하여 처음 조사를 받기 시작할 무렵부터 이 법정에 이르기까지 범행을 부인하면서도 자신의 억울함을 호소하거나 결백을 강하게 주장하지 않고 비교적 담담한 말투와 태도로 '이러한 상황이 이해가 되지 않는다'거나 '답답하다'는 정도로 진술하고 있는데, 이 사건과 같이 중대한 범죄로 억울하게 누명을 뒤집어쓰고 중 형이 예상되는 상황에서 보이는 태도로는 다소 이례적인 점 등 간접증거에 의하여 인정되는 여러 정황과 간접사실들을 종합하여 볼 때 피고인에 대한 이 사건 공소사실을 인정할 수 있다고 주장하고 있다.

Therefore, this case's facts charged are individually examined as follows: (a) the time of the victim's death; (b) the CCTV installed at each place presumed to be the moving route of the offender; (c) whether the taxi operated by the defendant; (d) whether the victim's clothes and body; and (e) the micro-made fiber discovered inside the defendant's taxi are the same as the fiber of clothes in which the defendant was placed; and (e) whether the victim was in contact with the defendant and the victim were in cross-concept of the micro-made fiber; and (e) whether other indirect evidence could be recognized.

(c) Time of death of the victim;

1) As seen earlier, at the time of the autopsy for the victim, the victim’s dead body was found from around 13:50 on February 8, 2009 to be presumed to have been dead within 24 hours.

2) Meanwhile, in the course of re-investigation into the instant case, animal testing and re-appraisals using several and pigss were conducted in relation to the time of the victim's death. In view of the initial condition of the 2nd and 3th anniversary of the body of Qu University, the time when the body of the victim was discovered appears to have been at least 2nd and 3 days after the death, and the 2nd and 6th anniversary of the fact that the body of the victim remains at least 7th of the 2nd and left hand, and that the body of the victim remains at least 7th of the 2nd and 9th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the death of the victim (the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3th of the 2nd of the 2nd of the 2nd of the 2nd of the 3th of the death.

3) The opinion of the above AT and the victim’s blood alcohol concentration was 0.141% at the time of discovery of the victim’s body, and it is reasonable to deem that the victim died before a considerable time has elapsed since the victim’s blood alcohol concentration was 0.141% from the day before the victim’s disappearance to the new wall after the date following the date of his/her disappearance in light of the amount of drinking alcohol in light of the kind of drinking alcohol together with his/her friendship. Considering that the victim’s confirmation of the above contents showed that the part exposed to sunbeams, such as the victim’s left hand, etc., remaining food remaining without little extinguishing as they were, and that the victim’s cell phone was 04:04 or around the time of his/her death, as alleged by the prosecutor, the possibility that the victim died cannot be ruled out.

C. Determination as to whether the Defendant was driving the victim on board

1) Whether the victim was a defendant's taxi

A) On February 1, 2009, the facts charged of the instant case presumed that the victim was able to ask the telephone number of another call taxi company at 114 in order to ask him/her about two times or more at the call center after driving the male-gu and 03:08 on February 1, 2009. In light of the fact that the victim was able to ask him/her the phone number of another call company, the victim was able to walk up at 114 in order to ask him/her. Considering the fact that the victim was able to get out of the house at the time when he/she moved from AJ house to her house, it is possible that the victim was able to find out the defendant's taxi and get out the defendant's taxi at the time when she was called at 114 as of the facts charged of the instant case, which was immediately cut back.

B) However, taking account of the following circumstances, it is difficult to readily conclude that a third party, other than the defendant, was on board the taxi immediately after the termination of the phone that the victim walked at around 03:08 at around 114.08, without any reasonable doubt, the possibility that he/she was on board the vehicle or the taxi that he/she driven after around 03:08.

(1) According to the country and water appraisal results, the body of the victim was detected by luculty fiber, color blue fiber, color blue polyscoper, color blue lucoper, animal hair, red fiber, etc. (No. 4No. 2,88), among which the body of the victim was judged to be "the clothes worn by the defendant and similar" shall be 's lucopic color fiber,' and the rest of the fiber except lucopic lucopic fiber is not found in the body of the victim (No. 805 page), and the lucopic lucopic fiber fiber was not found in the victim's clothes as well as the body of the victim, and it cannot be concluded that the lucopic lucopic fiber fiber, which is found found in the victim's body due to its nature, was re-expled by the victim's body, and it is difficult for the victim to re-examine the body of the victim before the death of the lucopic tyle.

② On February 7, 2009, after the victim's bank was discovered, private taxi article BR reported to the police that " around 03:00 on February 1, 2009, 200 women's passengers were removed before the 20 BU nursery center located near the 20th apartment house entrance (No. 1st right 393)," and the police did not have any key to other infant care teachers except the president of the 2T nursery center where the victim was working, so it is not possible for the victim to visit the 3rd house. Even if based on the result of the analysis of the victim's monetary content, there was no possibility that the victim would have worked at the 1st day of the 3rd apartment center near the 20th day of the 1st day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 20th day of the 2nd day of the 20th day of the 2nd day of the 1st day.

(ii) the probative value of an appraisal document on non-sub-sub-sub-subvened evidence;

If the method of scientific evidence, such as genetic testing and blood type tests, is proved to be true, and the method of reasoning is deemed to be so severe that the scientificly legitimate and reasonable that the possibility of an error would not be affected or disregarded, a judge shall have a considerable binding force in conducting fact-finding (see, e.g., Supreme Court Decision 2008Do8486, Mar. 12, 2009). The instant micro-made fiber appraisal constitutes a method of scientific evidence, and thus, the instant micro-made fiber appraisal constitutes a method of scientific evidence and ought to be proved that all of the facts premised on the premise that the outcome of the appraisal is true, and that the method of reasoning is so significantly unreasonable that the possibility of an error could be affected or disregarded.

As seen earlier, as a result of the State and water appraisal, non-explosive fibers similar to the lusent fiber detected by the Defendant’s body from the victim’s body, detection of animal hair similar to the victim’s lusium was made from the lusium and the lusium floor of the Defendant’s taxi lusium, and the lusium similar to the victim’s hair was detected from the lusium and the lusium, and the lusium, similar to the lusium of the victim’s lusium and the lusium were detected from the victim’

However, considering the following circumstances acknowledged by the evidence duly adopted and examined by this court, such as the witness BV and B’s legal statement, it cannot be readily concluded that the victim boarded the Defendant’s taxi, and that there was a physical contact between the Defendant and the victim.

① The appraisal of a country and a water fine fiber was conducted by comparing and analyzing whether there is a fiber consistent with the fiber designated by an investigative agency, not all the fibers in the victim’s body or Defendant’s vehicle, but rather with the fibers designated by another investigative agency. If, as a result of the appraisal, other fibers produced in a mass production that could normally be discovered in daily life, is not a fiber with unique character distinct from other fiberss, it cannot be readily concluded that the Defendant and the victim had been contacted solely on such circumstances alone.

In fact, the witness BV stated in this Court that, in many clothes such as click fiber detected by the victim's body as a large-brupted fiber, clive fiber is a fiber used in various ways in large quantities, and the component itself is the same as a face fiber, but it is difficult to say that this fiber was stuffed from the defendant's clothes even if clicks used are detected in the same color because of the lack of distinctiveness with other fibers.

In the same context, as a result of the State and water appraisal, the body of the victim was found in black fiber and cotton, color liters, color liter, color liter, animal hair, and red fiber, among which the defendant determined that the defendant was "similar to the clothes worn at the time of this case" is the only 's blue fiber (No. 4, No. 2,888), color liter fiber, it is difficult to judge that the color liter fiber was the same as that of the defendant's body because the color liter fiber was not fixed in the form of an additional fiber, and it is difficult to determine that the body of the victim was identical to that of the defendant's body, and it is not possible that the victim was found that the color liter fiber was the same as that of the defendant's body because it was merely similar to the color liter fiber fiber, and that there was no possibility that the victim was found in the victim's body in various kinds of cellss (no. 28, 290).

② As a result of appraisal and around 209 with a country around 209, a number of animal hair similar to that of the victim was found in the string of the above vehicle, the string of the rear seat, and the string of the string of the string of the vehicles (No. 917-924, 1,488), the string of the animal hair discovered in the string of the string of the string of the vehicles, and the string of the string of the string of the vehicles, and the string of the string of the string of the string of the vehicles, were identified as similar to that of the string of the string of the string of the string of the vehicles. However, it is difficult to judge that the string of the string of the string of the vehicles were identical to that of the string of the string of the string of the string of the vehicles.

③ The facts charged of the instant case premised on the fact that a series of crimes committed by murdering a stroke and abandoning a body were committed at one place (No. 603 pages). If the Defendant committed the said crimes in NB, it is difficult to find reasonable grounds to move the victim on the rear stroke. As a result, it is rather difficult to view that the result of the appraisal that the victim’s hair similar to that of the stroke, which the victim suffered, was discovered at the stroke of the stroke of the stroke of the stroke of the Defendant as evidence against the facts charged of the instant case, rather, it is more difficult to view that the Defendant and the victim had contacted the victim as evidence against the facts charged of the instant case.

④ In light of the country and the result of appraisal around 2018, there is 3 animal hairs similar to that of the victim at the time of the instant case on the floor of the string and back seat of the Defendant’s vehicle (section 805). As above, it is impossible to conduct a genetic test to determine the identity of the victim because the number of hairs identified as above is very low. The identity of the distinctive animal hairs can be somewhat different depending on the degree of growth of their hair and the parts where their hairs are generated, etc., even if they are animals, it is difficult to see that the shape found inside the Defendant’s taxi is the same as that of the string in which the victim was suffering (section 2,901 page 4).

⑤ In addition, as a result of the State and water appraisal, in the string, driver’s seat, chief, and back string of the Defendant’s string, a fiber similar to that of the injured party’s lustular fiber was detected (No. 2,825 of title 4). Likewise, as in the lust blue fiber as seen earlier, it is inappropriate for the lustish fiber to be considered as another string fiber to determine whether there are a number of clothes similar to color, and thus, it cannot be said that the lust blue fiber detected inside the Defendant’s cab is the same as that of the fibers from which the injured party suffered the lust fiber.

6) According to the results of the appraisal and assessment of non-sual fiber analysis, it is very difficult to conclude that the detected is the same as the component of the victim's clothes because the fiber was detected in the victim's body or the detection of non-stoves similar to the victim's clothes on the defendant's vehicle. However, the results of the appraisal of non-stoves do not mean that the appraiser himself/herself was detected in the victim's clothes. The result of the appraisal of non-stoves is not the same as that of the detection of non-s toves similar to the victim's clothes on the part of the victim's body. The defendant's vehicle is a business taxi frequently used by many unspecified passengers, and there is no choice but to conclude that the non-stoves from the victim's clothes are the same as that of the victim's clothes. When the above appraisal results are trusted, it was concluded that the victim was on board the back seat of the defendant's vehicle, driving seat, chief and troke. This is against the common sense.

D. Determination on the defendant's route of operating a taxi

(i)The probative value of CCTV images

The Prosecutor presumed that the CCTV installed in the Annex AV 3-distance, BB-Distribution Center, Apenta, and BX-si, the CCTV installed in each location of the map, the vehicle recorded in the CCTV, the vehicle recorded in a yellow nF-si, a white nF-si with a yellow closure, etc., and presumed the Defendant, who operated a taxi that passed the AY vehicle license plate on February 1, 2009, as a criminal offender, was presumed to be the Defendant’s moving route where the above CCTV was installed. However, considering the following circumstances, it is difficult to readily conclude that the aforementioned CCTV video recording and its analysis data alone, which alone driven by the Defendant, was operated through the above point.

① In order to determine the same vehicle as a vehicle recorded in video images and a vehicle presumed to have been used in committing a crime through CCTV image analysis, the type and color of the vehicle must be the same. The type and color of the vehicle and the vehicle should be the same as the type and color of the vehicle. The type and color of the vehicle are very low as a result of appraisal by the State and water, and part of the vehicle is taken by the surrounding topographical features (No. 1,598 pages), and the comparison and appraisal of AV-distance CCTV images and the vehicle image of the defendant's taxi operation are also hard to determine whether the vehicle and the defendant's taxi are the same as the vehicle of the defendant because it is difficult to determine whether the vehicle are identical with the vehicle of the same vehicle because it is difficult to distinguish the vehicle from the vehicle of the defendant because the marine features of the AV-distance CCTV images are too remote and the vehicle of the defendant's taxi are not identical (No. 2 rights No. 1,605 pages, 52, 989 pages). In full view of the appraisal results of these countries and the CCTV.

② On the other hand, in the process of re-examination of the instant case, the country and the appraisal conducted conducted the appraisal of the vehicle recorded in CCTV images installed in AA pent were presumed to be a white nF or other taxi (No. 2 title 1,598 pages). However, it is difficult to recognize that a white nF or other taxi operated by the Defendant via a given point solely based on the above appraisal report consisting of the same model different from its color, with a view to having the Defendant operate a white nF or other one at a time similar to that of the instant case at a time when the police already installed a specific yellow nF or a yellow spathing, etc., and with a view to comparing the images taken in the instant case with the above CCTV images, it is difficult to conclude that a white nF or other taxi operated by the Defendant passes through the given point. Such appraisal report is also difficult to conclude that the aforementioned appraisal and appraiser made the aforementioned appraisal and appraiser made the aforementioned appraisal and appraiser’s statement of the CCTV model as well as a new nF or other image model.

③ As a result of each film analysis prepared by the National Police Agency criminal analysis officer, each point CCTV image is visible by street trees, etc., and the direction of the vehicle can not be confirmed because light reflectors and remote distance due to shot light or street light (No. 1,610, No. 5, No. 3016), 'AAAAis and BX video images on CCTV cannot analyze the model of the taxi, and it is difficult to analyze the screen of the taxi by itself, and it is also impossible to find out all on-and-off of CCTV images (No. 2, No. 1,615, No. 3, No. 2,169-27, No. 169-27).

④ As a result of each CCTV image and analysis, at least a vehicle in CCTV is not recognized as a white NFasi, and furthermore, it is difficult to readily conclude that the vehicle recorded in the CCTV image is the same as the taxi that the Defendant driven.

2) As to the route of operation premised on the instant facts charged

① The facts charged in the instant case are based on the following premise: (a) the Defendant was found to have deserted the victim at the K Apartment located near the K Apartment, and attempted to rape the victim in the NB near the NB through the KG car number reading machine and the one-way road, and subsequently, returned to the BB Distribution Center and the Jeju City through AA pension and then abandoned the victim's bank; (b) the Defendant was found to have been operating a vehicle presumed to be a cab with no number identified in the CCTV video images installed before the BB Distribution Center and the AA pension; and (c) the cab was found to have been appraised as a NF or another cab in a white system with a yellow-fluxing color-flapsing, etc. (as seen in the foregoing case, only the Defendant cannot be found to have driven a cab in the direction of video-recording, as seen earlier, if the cab was found to have been operating a cab in the direction of 159,1598.

② Of the attached Form No. 2 of approximately 14.7km of approximately 185 taxi engineers, 134 engineers from among the 185 taxi engineers selected a route (K apartment AV ginseng distance - AX private road-L). However, other 49 engineers selected a route (K apartment-distance route-L-L) from among the attached Form No. 15.4km of total length (2), it is difficult for the prosecutor to readily conclude that the victim was on board the 2nd coast of the Jeju city without going through the city, such as AW and AX intersection. Furthermore, it is difficult for the other two other engineers to view that the victim was on board the 2nd taxi route without going through the city at the time of the crime. In light of the attached Form No. 2 of the 18.4km of the total length of the taxi at the time of the crime, there is no possibility that the victim was on board the 2nd 4th son of the 2nd son-Mel.

③ A prosecutor shall exclude three automobiles from the first-hand vehicle among six vehicles taken between 03:30 and 03:56 among the CCTV images of the above BB Distribution Center, and if a prosecutor drivess a vehicle at approximately 40 km/h, which is relatively normal driving speed, from among the remaining three taxis, he/she is bound to pass at approximately 5 km Apent at about 03:54 meters away from that place, and subsequently, he/she identified a taxi driver who passed the above Distribution Center as an offender around 03:46, where the CCTV of the above Distribution Center is likely to be taken. As seen above, it is difficult to view a taxi that passed prior to the Distribution Center as the same vehicle as the Defendant’s operation, and there is no evidence to find otherwise that the prosecutor recognizes that a certain taxi was a Defendant’s taxi at the point of the above NFbeta on the part of the Defendant’s operation.

④ Considering the fact that CCTV installed in BB distribution centers located 1km away from the place where the body of a victim was discovered is photographing the front road of the distribution center that connects the N to the intersection of the distance from the N, and that there is a city-based AZ village in Jeju, and that there is a large number of roads that fall into the AZ village between NL and NL to the above distribution center (No. 569 of title 1). Considering the fact that the vehicle recorded in the CCTV in the above distribution center is not located in the NL bank and the possibility of getting out of the CCTV cannot be ruled out, it is difficult to readily conclude that the vehicle recorded in the above CCTV is a criminal vehicle, and furthermore, there is no reasonable ground to assume that the above distribution center was carried out by the AZri village after the criminal passes into the AZri village, as the premise of the facts charged in this case.

⑤ Next, considering the point where the Defendant abandons the victim’s bank, if the Defendant murdered the victim’s bank on the road near Npla, abandoned the victim’s body, and returned to Jeju City, and completed all of the cell phones near the ZCC, it is possible to immediately abandon the victim’s bank. However, there is no reasonable ground to move the victim’s bank to BZ to abandon the victim’s belongings. Furthermore, in the CCTV video around 10:22 on February 1, 2009, the taxi was suspected to have abandoned the victim’s bank (No. 2 No. 1,615 page), and the taxi and appraisal showed that the taxi appears to have been similar to those of NF or other taxi operated by the Defendant, but it is difficult to reasonably conclude that the Defendant used the victim’s cell phone to kill the victim’s household during the period of time, as seen earlier, cannot be seen as having been abandoned by the Defendant’s cell phone.

6) Ultimately, the presumption of the transportation route of an offender by such public prosecutor is deemed to be that the Defendant, who operated a taxi that can be perceived as a criminal from the beginning, was identified as the Defendant, and that the Defendant was the NY Vehicle Number Reading installed, and that all of the mobile phones of the Defendant’s taxi in the BB distribution center where the Defendant’s taxi and vehicles similar to the Defendant’s taxi were exposed to the elementary school in the form of BB, AA pent and the victim’s cell phone were taken, and the Defendant was operating a ZCC in the direction of the ZCC, not a day, with the victim aboard, and the victim was killed at a non-place, and the victim was abandoned at the NY only after the completion of all of the cell phones’s cell phone numbers, and the possibility of murdering the victim cannot be ruled out without any reasonable doubt. As seen earlier, the premise that the private taxi article, at the time of 209, was located in the victim’s child care center in the front of the instant case.

E. Determination of the probative value of other indirect evidence

1) As a result of the autopsy on the victim’s left hand and the upper part of the victim’s hand room was found. If the victim was found in the course of rape in the vehicle, the vehicle or clothes of the offender, or deadly weapons or other tools which are presumed to have been used by the offender, the victim’s bloodtain or DNA shall be detected. However, even if the defendant’s body and body were found to have been entirely different from the victim’s body and body at the time of death, the victim’s body and body could not have been discovered in the process of fingerprinting and rhything (No. 945 of title 2). The defendant weared the so-called finger wall that does not cover the part of the victim’s body and body at the time (No. 945 of title 2). If the defendant tried to rape the victim, as stated in the facts charged of this case, and then the body and body of the victim could have been found to have been found to have been partially different from the victim’s body and body at the time of death or rup.

In addition, as seen earlier, as a result of the appraisal of the body of the victim, only the left hand and left hand, the suspension of lush, the right shoulder and knenee are detected, and only another body of the victim is found, especially in the case of the victim's hand hand hand hand hand hand hand hand hand hand, which cannot be contacted with the clothing of the defendant in the process of making the victim strongly resist, it is strongly suggested that the defendant can not be the criminal.

2) The Defendant made a statement that is not consistent with the detailed discrepancy with his own behaviors on the day of the instant case, and there was a fact that the Defendant’s defense was somewhat difficult to obtain, because of the absence of the Defendant’s taxi shooting on CCTV installed in the V hospital or the CD station, etc. claiming that the Defendant was driving, but the Defendant was driving a cab carrying a large number of unspecified passengers every day, and thus, the Defendant may not accurately associate with the Defendant’s appearance of specific customers or the course of operation for a specific day, and may not be able to accurately express his behavior on the day after the investigator’s interrogation. Even if the Defendant was taken on the AY No. A. A. A. A. A. A. A. A. A. A. A. A. A. A.M. reading machine from a doubtful point of view, it cannot be deemed that the Defendant’s defense was all false, and as long as the Defendant stated that he was driving on the day when the Defendant was killed, it cannot be deemed that the Defendant committed rape on the day when the Defendant was killed.

3) In addition, the Defendant did not make any specific contact with BC without going through a dan on the day the victim died, and the Defendant did not take part in BC on the day of the death of the victim. As for the Defendant’s failure to take part in BC on the day of the instant case, since all souths of BC resided in the house of BC, which had been residing in Seogpoposia around that time, the Defendant came back to the Pura, and in that process, the Defendant came back to the Pura, and the relationship with BC was caused by the source of lawsuit. In that process, the Defendant’s statement (No. 1,742 page 3) also partially conforms to the Defendant’s change of defense, and thus, the Defendant cannot be found guilty of the facts charged of the instant case solely on the ground that the Defendant committed any act different from that of Pul on the day of the instant case

4) In addition, there are circumstances unfavorable to the Defendant, such as: (a) the Defendant’s deletion of the phone call on January 31, 2009 and February 1, 201; (b) the Defendant did not file a move-in report after moving his/her place of residence to the land on July 2010; and (c) the driver’s license was revoked and the driver’s license was revoked; and (d) search relevant articles in CE and search the word “unusedd” during the instant investigation process; however, such circumstance alone is insufficient to readily find the Defendant guilty of the instant facts charged or to readily conclude the Defendant as an offender.

7. Conclusion

Thus, since the facts charged in this case constitute a time when there is no proof of crime, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act and rendered a public notice of the summary of this part of the judgment pursuant to Article 58(2) of

Judges' Coordination Interest

Judges Kim Gin-han

2) The autopsy's autopsy report (Nos. 7 & 3) states that "the time limit is strong," and considering the opinions of appraiser AT (No. 260), AU (No. 9, No. 2685) and IU (No. 4, No. 2685), the time limit for the above autopsy's appraisal report seems to be the clerical error of 's lecture'.

3) The Gyeong River (the phenomenon where the surrounding land, etc. after death) reached the highest demand from 20 hours after death to 20 hours after death, and thereafter, it was destroyed by melting, melting, or corruption, etc. of nearby land. In winter, melting and corruption were relatively lower, and there were lectures even after eight days after the death of animal testing as to the instant case (No. 4 right 2,685).

4) At the time of the instant case, the CA was opened to the section of the BP-CB golf practice range (No. 5 title 3,711);

A person shall be appointed.