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(영문) 서울중앙지방법원 2019.6.26. 선고 2019고합103 판결

살인부착명령

Cases

2019 Maz. 103 Murder

2019. Before the 2019. Written order to attach (Joint)

Defendant Saryary attachment order

Claimant

A

Prosecutor

Kim Byung-Appellee (prosecutions), a written application for attachment order (request for attachment order), and a non-permanent trial (trial)

Defense Counsel

Attorney Kim Yong-Hy (Korean)

Imposition of Judgment

June 26, 2019

Text

A defendant shall be punished by imprisonment for life.

A knife knife (No. 1) shall be confiscated.

For a person who has requested an attachment order, an electronic tracking device shall be attached for 20 years, and matters to be observed in the attached Form shall be imposed.

Reasons

Criminal facts and the facts constituting the request for attachment order

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) completed the marriage report with B on October 1, 2015, but, on May 9, 2018, the Cheongju District Court issued a divorce judgment on November 28, 2018, and became final and conclusive at that time, and became final and conclusive at that time, and that B did not have the wind, and was subject to a summary order of KRW 500,00 as a crime of injury at the Cheongju District Court on April 24, 2018. However, on October 11, 2018, the summary order of KRW 500,00 as a fine was issued by the Cheongju District Court for the crime of assaulting B on the ground that B drinking alcohol with other male on June 6, 2018, which was under a divorce lawsuit, and received the summary order of KRW 500,000 as a fine for negligence from around August 25, 2018.

【Criminal Facts】

Around May 6, 2018, when the divorce lawsuit was pending as above, the Defendant was introduced the Victim D (L, 26 years of age) to the victim through the friendship around May 2018, and then, from July 15, 2018, the victim was married to his/her own marriage and the fact that the divorce lawsuit is pending, the victim was faced with his/her relationship with the victim from July 15, 2018. The Defendant was able to say that he/she would die without the contact with the victim. The Defendant was able to say that he/she would die without the contact with the victim, and that the victim would be prevented from drinking not only other men but also the same-sexs of the victim but also drinking the same-sexs of the victim.The victim wanted to take into account the relationship between the victim and his/her father-gu and his/her father-gu around December 2018.

피고인은 2019. 1. 4.경 피해자에게 연락하여 주말에 만나자고 하였으나 피해자가 '몸이 좋지 않아서 이번 주말에는 당진에 계신 부모님 댁에 내려가서 쉬려고 한다'고 하며 거절하자, 2019. 1. 5. 23:00경 청주시 소재 상호불상의 식당에서 피고인의 지인인 E을 만나 함께 술을 마시던 중, 2019. 1. 6. 00:29경 피해자가 통화버튼을 잘못 눌러 걸려온 전화를 받게 되었고, 전화가 연결된 사실을 모르는 피해자가 대화하는 내용을 듣고 피해자가 서울에서 다른 남성을 만나 술을 마시고 있다는 사실을 알게 되었다.

On January 6, 2019, the defendant : from around 0:32 to 0:54, the victim did not get a telephone over 15 times; however, at around 0:56 on the same day, the victim's pro-Japanese drinking by telephone to f, so long as the victim's contact is not known up to 1:00,000, the victim's 'I will die.'; on the same day, from around 0:35 to 00:46, the victim's 'I will not have been able to see the victim'; on the other hand, 'I will have been able to see whether I will have been able to do so', 'I will have been able to do so'; 'I will have been able to do so', 'I will have been able to do so', 'I will have been able to do so', 'I will have been able to do so'.

마음이 아프네요... 다음생에는 이런시발같은 세상에서 안태어나길 빌어볼게요 잘지내세요', '한시반까지', '너는 꼭 벌받을 거야', '너도 니가 아니까 연락을 안하는 거겠지', '잘가라 D야', '그동안 대주느냐고 고생많았다 시발년아', '시발년아', '넌 뒤졌엌ㅋㅋㅋㅋㅋ', '잘자내사랑', '양심도 없는년', '다시는 보지말길...'이라는 메시지를 전송하였음에도 피해자가 전화를 받거나 아무런 답신을 보내지 않자 서울에 있는 피해자의 주거지로 찾아가 피해자를 살해하기로 마음먹었다.

On January 6, 2019, at around 01:50, the Defendant was parked in the front of the Defendant’s residence, and the Defendant concealed a knife (19cm in blade, 30cm in length) for a man’s hand room with a knife, which was a deadly weapon in front of the knife of the knife of the knife A5 car, which was carried in front of the Defendant’s residence, into the front of the knife of the knife of the knife, which was carried. At around 01:57 on the same day, the Defendant moved to the ktel in Gwanak-gu, Seoul Special Metropolitan City.

At around 03:20 of the same day, the defendant entered the above Ktel and entered the password, which was paralleled to the entrance of the building, and landed into the residence of the Lhos victim on the first floor underground through stairs, and opened a Lhos door and entered the victim's residence.

From 03:20 to 03:42 on the same day, the Defendant shouldered the victim who was divingd with clothes and divings in the above L, and the victim "on the same day, the parent of the natural parent, who was clear, was fright at the house, and the body was flicked, and flicked with the male, and flicked with his voice. How she was flicked. how she was flicked. how she was flicked in the inside, " how she would flick back to flick in the inside, what she would flick back to flick, and how she was flicked with the other male and flicked with the other male," and the victim was flicked with "I (flick and the victim's flick and flicked with the victim's face," and the victim rejected the victim's face and flick part of the victim's face.

피해자가 같은 날 03:42경 위와 같은 폭행을 견디지 못하고 피고인에게 I 메시지를 보여주겠다고 하면서 피고인으로부터 휴대전화를 건네받아 비밀번호를 푸는 시늉을 하다가 위 L호 출입문을 열고 밖으로 달려 나가 계단을 통해 도망치려고 시도하자, 피고인은 피해자를 뒤따라 나와 붙잡은 뒤 다시 들어가지 않으려고 버티는 피해자의 머리 채를 손으로 잡은 채 위 L호 안으로 피해자를 강제로 끌고 들어가 출입문을 잠갔다.

The Defendant moved the victim beyond the cremation front of the cremation in the above L, supported the right bucks part of the victim's walling in front of the cremation, supported the part of the victim's body, and released the I password. The victim's I received the victim's male and message from N and confirmed on January 5, 2019 that the victim took knif around 18:00 but up to 00:40 on January 6, 2019. The Defendant prepared in advance knife the front part of the victim's right knife of the victim's knife and knife knife knife knife knife knife knife knife knife knife knife knife knife, and led to 221 knife knife.

As a result, the Defendant caused the victim to die on the job due to various forms of scams, such as the window, pulmonary, inter-scam, scam, and arctal window, etc. of the lower court and the lower court.

【Fact of Grounds for Request for Attachment】

The Defendant, as stated in the facts constituting the crime in the judgment, has a risk of recommitting the murder crime in light of the motive of the crime, circumstances and methods of the crime, character and conduct of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of 0, F, E, P, and M;

1. Protocol of seizure, list, certificate of renunciation of ownership, and certificate of seizure;

1. Photographs of seized articles;

1. Investigation report (a CCTV investigation, if the crime is committed against Ktel), and criminal photograph;

1. A table for 112 reported cases processing;

1. A criminal investigation report, a cellular phone photograph, and an I message sent by a defendant to a victim;

1. Photographs of divorce judgment confirmed by the suspect mobile phone;

1. Investigation report (related to the results of field identification and opinions of autopsy), copy of a body autopsy report, and report on the results of field identification;

1. On-site photographs;

1. A certified copy of a resident registration record card, a family relation certificate, and a expulsion from the military register;

1. Investigation report (related to the victim and witness NI), victim and NI photograph;

1. Investigation report (related to deadly weapons used for committing a crime) and product proposal; and

1. Investigation report (verification of the movement route of a victim before occurrence) and photographs of the movement route of a victim;

1. A report on investigation (the criminal investigation before the death of a victim);

1. Investigation report (related to drilling of a gene survey report) and a gene survey report;

1. A written autopsy and appraisal;

1. One copy of a report on investigation (related to the delivery of a warrant of seizure and replies) and the I detailed reply data;

1. One copy of the inquiry report on criminal records, investigation report (verification, etc. of criminal records by a suspect), decision not to institute a prosecution, and two copies of the summary order;

1. The risk of recidivism regarding murder crime in the judgment: The following circumstances acknowledged by the aforementioned evidence, each statement in a request for a prior investigation, namely, ① the Defendant prepared a knife in advance and found the victim's house for the reason that the victim dices with another male and female, ② the Defendant has been sentenced to a fine by exercising violence two times due to the external problems of the spouse divorced in 2018; ③ according to the results of a multi-regional personal character examination (MPI-2) and a literature completion examination (SCT), it seems difficult to establish and maintain a relationship with the Defendant, and it appears that the Defendant was flife and flifite, and that the Defendant had difficulty in carrying out an investigation into recidivism at the level of risk of recidivism (MPI-2). As a result, the Defendant’s opinion that there was a high risk of recidivism in the course of growth and divorce, and that there was a high risk of re-offending the Defendant’s opinion that there was a high risk of recidivism at the level of adult risk of recidivism (1).

Application of Statutes

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

Article 250(1) of the Criminal Act; Selection of life style

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Grounds for sentencing under Article 5 (3) (main sentence), Articles 9 (1) 1, 9-2 (1) 2-2 and 9-2 (1) 3 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed;

1. Scope of legal applicable sentences: life imprisonment;

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

[Determination of Punishment] Murder (Type 2)

[Special Aggravation] Aggravations: planned murder and cruel methods

[Recommendation and Scope of Recommendations] Special Aggravation, Imprisonment with labor for not less than 15 years

[Scope of recommended sentences revised according to applicable sentences] life imprisonment (in accordance with the lowest limit of applicable sentences under law);

3. Determination of sentence: Imprisonment for life;

The defendant found the victim's body in the family of the victim solely on the ground that he drinks with other males, and broken the victim's face and head in the body of the victim, broken the victim's left body buck, forced the victim's head to go out of the house where the assault was inflicted, led the victim's head to go back into the house, forced the victim to go back into the house, support the right-hand bucks by the cigarette, and murdered the victim at 22 times in advance by suppressing the victim's knife with the knife in preparation knife at 21 times, and murdered the victim by 21 times.

The act of murder is a serious crime that absolutely infringes on the life of a person to be protected, and is not justified for any reason in that there is no way to recover the damage. The Defendant, by marriage once, has concealed the fact that there is a child and conspired with the victim with the victim, and the victim died. Nevertheless, the Defendant made a false notification of the place of his/her movement to another male and drinking. Nevertheless, the Defendant recklessly killed the victim solely on the ground that the victim was aware of the place of his/her movement and was drinking by another male and drinking. There is no circumstance to consider the motive of the crime.

Although the defendant vindicates to the effect that the defendant did not find out the house of the victim located in Seoul with the intention to kill the victim from the beginning because the victim was aware of the fact that the victim was faced with the truth, the crime of this case cannot be deemed to have been committed in chronologically, and in light of the fact that the defendant sent a text message to the victim more than once, sent the victim more than once, sent a text message to the victim's knife with the content that the defendant would kill the victim, knife the knife of the knife of the knife of the knife of the knife, and found the knife from Cheongju to knife the knife of the knife of the knife, and prepared to kill the victim even though the defendant's knife of the knife

The Defendant does not specifically state the details of his/her crime. However, according to the autopsy report, on-site identification report, and the autopsy appraisal report, there is a 14 string of the victim’s right arms and 6 string of the string of the string of the string, 6 string of the string of the string, and 1 place on the right arms, and there is 9 string of the 9 string of the string of the string on the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2nds of the string of the string of the string of the string of the 2nd century.

The victim, who is still 26 years of age due to the crime of this case, has lost the neck, and it is difficult to do so with the mental and physical suffering of the victim who was assaulted by the defendant who was a male-child for about 20 minutes after the crime of this case, and experienced in the course of knife.

In addition, the victim tried to hedge through excessive gathering and verbal abuse of the defendant, but it seems that the defendant was not easily hedging due to the fact that the victim had come to death.

The bereaved family members of the victim were aware of the fact that the victim was dead due to the cruel crime, was seriously suffering from severe mental impulses, and complained of the victim's depression, the defendant's decentralization, the defendant's suffering from stress, depression, and anxiety, and have failed to lead a normal social life yet.

It seems that it is difficult to recover after the short term, and that the loss of love family will not be lifelongly impaired. Nevertheless, the defendant does not seem to have made a serious effort to commit a serious crime against the victim or his/her bereaved family members and to receive a letter of apology. However, when considering the statements and attitudes in the process of investigation and trial, it is doubtful whether he/she is true and contradictory to his/her criminal act.

After committing the crime, the Defendant: (a) was shot up all the booms, which the police officer went to the floor with the clothes until the police officer arrives at the site; and (b) opened a glick for the victim’s travel, and led the victim to a shower room. Even if considering the abnormal mental state of the Defendant at the time, it is inevitable to view the Defendant as having attempted to conceal his crime, and thus, the circumstances after committing the crime are not good.

Even when considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, family relationship, criminal records, motive, means and consequence of the crime, circumstance after the crime, etc. comprehensively considering all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character, character, environment, family relationship, motive, means and consequence of the crime, it is reasonable to separate the defendant from a indefinite society to hold the defendant liable corresponding to the crime of this case and to lead the defendant with the intent to commit the crime. Thus, life imprisonment sentence as ordered in the disposition is imposed on the defendant, and the defendant's order to attach a location tracking device and prohibition of access to the bereaved family is imposed for 20 years in preparation for release.

Judges

Judges and Judges of the Court

Judge Song In-bok

Judges Park Tae-soo

Attached Form

A person shall be appointed.