Violation of the Act on Special Robbery, Rape, etc.

2012 Before 201 4(Consolidated) orders to attach

A

The information on the accused shall be disclosed and notified through the information and communications network for ten years (Provided, That the summary of the sex offense disclosed and notified shall be limited to the crime No. 2 of the ruling).

For a person subject to an application for attachment order, an electronic device for location tracking shall be attached for 20 years. Matters to be observed shall be imposed on the person subject to the application for attachment order as shown in the attached Form

The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") shall be punished by imprisonment with prison labor for not more than six years at the Daejeon District Court on May 5, 2005 and the Daejeon District Court on September 5 of the same year, and the above judgment has become final and conclusive on September 5 of the same year.

At around 004, 02:00 on the Seo-gu, Seo-gu, Daejeon, at around 02:00, the Defendant discovered that the victim E (n.e., 42 years old) gets into the G in the Fystnaa car of the victim parked there, and determined that the victim was in in a relationship with G inhumanism, and tried to forcibly take money and valuables by threatening the victim by taking advantage of it.

Around 02:51 on December 5, 2004, at the Daejeon Dong-gu H apartment 107 parking lot, the Defendant stated that the Defendant: (a) Daced the victim “her few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few; and (b) few few few few.

While the Defendant intending to get off from the victim’s car using money and hand bags, the Defendant she saw the victim’s clothes, but when the victim got out of the victim’s clothes, he knifed twice the victim’s chest part of the chest, 5 times the left part of the victim’s chest, knife the right part of the back part of the victim’s chest, and knife the victim killed the victim by making the victim die by an excessive extrem from the victim’s knife, namely, a knife, a knife, a knife with the victim’s 40,000 won in cash. Accordingly, the Defendant kills the victim and took the property by taking off the victim’s knife at the market price where the victim was in his possession.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (special robbery, rape, etc.);

When the Defendant was found to receive money from the obligor due to gambling ties, etc., the victim J (37 years of age at that time) gets on and off the franchise-XG vehicle, and had the victim receive money against the victim.

피고인은 2004. 12. 6. 13:10경 자신의 차량 내에 들어 있던 감귤 상자를 어깨에 메고 대전 서구 K빌라 101호에 있는 피해자의 주거지에 이르러 현관문을 두드리며 “L (피해자 남편의 이름)씨 댁 맞죠? 귤 배달 왔어요.”라고 얘기하여 이에 속은 피해자로 하여금 현관문을 열게 하여 피해자의 주거에 침입하였다.

피고인은 범행을 눈치 챈 피해자가 소리를 지르며 도망가려 하자 피해자를 붙잡아 방으로 끌고 들어간 다음 피해자에게 “너 죽어야겠구나."라며 양손으로 목을 조르고, 계속하여 “내가 이런 사람이다”라며 오른쪽 다리에 착용하고 있던 흉기인 회칼(총길이 38cm, 칼날길이 25cm)을 꺼내 보여주고, 미리 준비한 청테이프로 피해자의 입을 막고 양손을 뒤로 묶어 피해자가 반항하지 못하게 한 후 피해자에게 현금을 요구하였다. 피고인은 위와 같이 피해자의 금원을 강취하려 하였으나 마침 피해자가 소지하고 있는 현금이 없고 신용카드도 손상되어 사용할 수 없어 미수에 그치게 되자 피해자를 강간하여 수사기관에 신고하지 못하게 하기로 마음먹고, 피해자를 침대 위에 눕히고 상하의를 모두 벗긴 다음 피해자의 가슴을 입으로 빨고 피해자를 간음하려 하였으나 피해자가 다리에 힘을 주며 반항하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Facts of the cause for the request for attachment order

As above, the Defendant is recognized to have committed murder by taking the handbags containing cash from the victim E and killing the victim, and is likely to recommit the murder crime.

Registration of Personal Information

Where a conviction becomes final and conclusive against a defendant on the punishment of a sexual crime and a violation of any Act (special robbery, rape, etc.) committed against a victim, etc. in a judgment that is subject to registration, the defendant is subject to registration of personal information pursuant to Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency

Summary of Evidence

【Criminal Facts Paragraph 1】

1. The statement that the defendant has a fact that he takes a handbag containing 400,000 won in cash by threatening the victim in this court, and has knife the victim in order to escape from the victim to whom the defendant was placed;

1. Each statement made by the police in relation to M, N, G, and0;

1. Statement of investigation by the prosecution (report on confirmation of the location of the place of purchasing knife) and statement of investigation (report on confirmation of the records of trial);

1. Emergency medical services log, fingerprints appraisal results in the crime scene, replys to the request for autopsy, and descriptions of replys to the request for autopsy; and

1. Existing blades found in the F vehicle;

1. Each image of each on-site photograph, corpse photograph, on-site inspection photograph;

【Criminal Facts Paragraph 2】

1. Defendant's legal statement;

1. Statement made to the police officer by the J;

1. Each statement on the request for appraisal by the chief executive officer of the National Institute of Scientific Investigation, and each statement on the request for appraisal by the chief executive officer of the National Institute of Scientific Investigation;

【Prior Records at the Time of Sales】

1. References to criminal records and investigation reports by the prosecution (to file a copy of the judgment of the same kind of case);

【Risk of Reoffending at the Time of Sales】

1. The risk of repeating a crime as indicated in the judgment: The following circumstances acknowledged by the evidence as mentioned above and the claim pre-trial examination: (a) the Defendant purchased a knife for the purpose of killing people in the original relationship with the Defendant, namely, the Defendant: (b) committed the robbery of this case using the knife knife E with no relation with the Defendant; (c) the Defendant committed the attempted murder against the Defendant’s creditor Qua by using the above knife for two weeks thereafter; (d) the Defendant committed the attempted murder for which judgment became final and conclusive; (e) the Defendant’s mental disorder assessment method (PCL-R) was 17 points at the level; (e) adult recidivism risk assessment method (PERAS-G) applied; (e) the Defendant’s recidivism risk assessment method was 14 points at the level; (e) the Defendant could not be subject to any other potential risk before and after committing the crime; and (e) the Defendant could have been released from the prison without any special risk or risk of exposure to the Defendant’s.

Application of Statutes

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

Articles 338(former part) of the Criminal Act; Articles 12, 5(2), 342, 334(2), 333, and 297(s) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (repealed by Act No. 10261, Apr. 15, 2010)

2. Handling concurrent crimes;

The latter part of Article 37 and the first sentence of Article 39 (1) of the Criminal Act

3. Aggravation for concurrent crimes; and

The former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (aggravated Punishment for Robbery Aggravated Punishment heavier than Punishment)

4. An order for disclosure;

Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 2 at the Time of Sales)

5. An order to notify;

Article 41 (1) 1 and (3) (Article 41 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)

6. Issuing orders to attach electronic tracking devices and matters to be observed;

Determination on the assertion of the defendant and his/her defense counsel under the main sentence of Article 5(3), Article 9(1)1, Article 9-2(1)1, Article 9-2(1)2 and 3 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. As to the assertion that there was no intention to murder

A. Summary of the defendant and his defense counsel's assertion

The defendant and his defense counsel asserted that, at the time of the crime of robbery of this case, the defendant had a knife with the victim in the process of knifeing the knife in order to escape from the victim who resisted the knife without mind, the defendant and his defense counsel did not intend to kill the victim.

B. Determination or a homicide does not necessarily require the intention of murdering or planned, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act. Of course, it is acknowledged so-called willful negligence even if it is uncertain that the defendant did not have the criminal intent of murder at the time of committing the crime. In a case where the defendant asserts that there was only the criminal intent of murder or assault, the issue of whether the defendant was the criminal intent at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type of the crime, method of attack, degree of repetition and repetition of the prepared deadly weapons, etc. (see, e.g., Supreme Court Decision 2001Do6425, Feb. 8, 2002).

In light of the above legal principles, the Defendant purchased knife as indicated below by the evidence duly adopted and investigated by this court, namely, ① prior to two weeks after the commission of the robbery of this case, the Defendant purchased knife with the judgment that was used for the above crime at the time of the death of the Defendant. As such, the Defendant prepared the above knife for the purpose of harm from the beginning, ② The above knife is very dangerous than the knife that would ordinarily be used by the victim at ordinary time, ③ the Defendant was formed by two knife at the right chest of the victim’s right chest, and the Defendant did not have to take measures to knife the victim’s knife and knife the knife so far as the knife would have come out of the victim’s knife and the knife would have come out of the victim’s knife.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

2. As to the claim of mental disability 1

A. Summary of the defendant and his defense counsel

The defendant and his defense counsel asserted that they were in a state of mental disability by drinking at the time of committing the robbery of this case.

B. Determination

In general, in determining the mitigation of alcohol to the defendant, all the circumstances should be comprehensively taken into account, such as the defendant's ordinary quantity and the kind and quantity of alcohol at the time of the crime, the motive or cause of the crime, the background and means and form of the crime, the defendant's attitude shown in the process before and after the crime, whether to destroy evidence related to the crime, whether to associate with the crime and the situation before and after the crime, and whether to maintain the defendant's growth, such as the defendant's intelligence degree predicted through academic background, family environment, social experience, etc., and whether the defendant has medical capabilities such as Alphan addiction (see Supreme Court Decision 2002Do5109, Nov. 8, 2002).

In light of the above legal principles, the following circumstances revealed by this court comprehensively taking account of the evidence duly adopted and examined by this court, namely, ① there is no objective evidence to acknowledge the accurate quantity of the drinking, making it difficult for the defendant to make a judgment on the quantity and the degree of drinking of the drinking, ② the defendant sent the inside movement of the vehicle after witnessing the victim E, followed the victim E, and continued driving the vehicle over 3,4 times, ③ the defendant was driving the vehicle normally without any accident or while driving the vehicle, ④ the defendant was driving the vehicle normally without driving the vehicle, ④ the situation of the victim with a knife. While the victim was found, it is judged that the defendant did not have the ability to memory the situation from the first time to the time of taking handbag from the victim and leaving the victim's vehicle, despite the fact that the defendant did not have the ability to memory the vehicle within 8 years prior to his/her ability to make a decision.

Therefore, the above assertion by the defendant and his defense counsel is without merit.

The crime of robbery of this case for the reason of sentencing is an anti-social act that is unable to rationalize for any reason for the crime of robbery of this case, with the victim E, who committed robbery, prior to the residence of the above victim, and takes cash by threatening the above victim, and murdering the above victim with knife at least eight times in order to avoid taking the knife cash in advance and bringing about the cash. The motive for the crime is particularly criticized, the criminal law is cruel, and the above victim's life is cruel, and the victim's severe and dignity life is cruel. The defendant tried to kill the victim with the same knife and attempt to kill the victim at the time of the crime of robbery. The defendant tried to kill the victim with the same knife with the victim without any rescue measures, without reporting the situation where the victim resisted with no money base, and then tried to do so. However, the defendant tried to kill the victim with the victim's knife by preparing more money before the crime of knife, and attempted to kill the victim.

The Defendant’s cruel act of committing the crime committed by the Defendant led to the reduction of the family head of the same name, and the said victim’s bereaved family members lost their wife and mother, and showed a long time of eight years, without knowing who is the offender. In such a situation, even if the Defendant was able to bring any question with this, it may not be attributable to the victim and his bereaved family members’ life before and after the victim’s life, and may not be above the victim’s family members. In addition, even if the victim’sJ suffered considerable physical and mental damage to the crime of attempted special robbery, there was no adequate compensation therefor.

On the other hand, the Defendant asserted that the police officer in charge of the robbery of this case has taken into account the sentencing. However, it is reasonable to take into account the following two factors, as it is based on the policy consideration that the criminal law can reduce the amount of punishment for the Defendant who has received a reduction of the amount of punishment, along with the Defendant’s efforts and expenses required for the criminal justice procedure of the State. In the case of the Defendant, it is reasonable to take into account the fact that the Defendant, who misleads the Defendant into the crime and expresses his opening of the crime, has a weak possibility of criticism. In the case of the Defendant, after eight years from the time of the commission of the robbery, he had been revealed as a criminal of the robbery of this case after being identified as a criminal of the robbery of this case. Accordingly, even if the Defendant formally meets the number of requirements for the crime of robbery of this case, it is deemed inappropriate to take into account the reason for mitigation of punishment or the circumstances favorable to sentencing.

In addition, the sentence shall be determined as ordered in consideration of equity in the case where a judgment has been pronounced simultaneously with all the sentencing conditions, crimes of attempted murder, etc. as shown in the argument of the instant case, and the jury's opinions on sentencing.

jury verdict and sentencing opinion

1. A verdict on whether a crime has been committed;

Six jurors: Full guilty

One juror: A person who is guilty of not guilty of robbery (guilty of Robbery) and a person who violates the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Special Robbery, Rape, etc.).

2. Opinions on sentencing

Four jurors: Imprisonment for life;

Two jurors: Imprisonment for 20 years;

One juror: Imprisonment with prison labor for at least 15 years shall be decided as per the disposition.

Judges Hong Jin-young

Judge Kim Gin-hun

The claim of mental disability was withdrawn to the effect that it is just a normal reason. However, during the trial, whether the defendant is a mental disability or not is substantial.

Since the issue is the human issue, I would like to make a decision on the claim of mental disability.