2019 Magogos5 (Consolidated) An order to attach

around 22:00 on December 1, 2018, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”) came to know in the course of the Defendant’s convenience store part-time at around April 2018 at the cafeteria-dong, Kimhae-si, the Defendant was aware of in the course of the Defendant’s convenience store, and went together with the Victim F (F, 32 years of age) who had been employed in the middle of November 2018, and went together with the Defendant’s h, after drinking alcohol on December 2, 2018, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as “Defendant”).

피고인은 2018. 12. 2. 01:00경부터 01:30경까지 사이에 위 모텔 H호에서 피해자와 함께 미리 구입한 소주 2병 등을 나누어 마시면서 향후 피고인과 피해자의 관계 등에 관하여 이야기를 하던 중 피고인과 함께 있는 동안에도 피해자가 당시 교제 중인 남자 친구와 계속하여 통화를 하였다는 이유로 화가 나 피해자와 말다툼을 하다가 피해자가 집으로 돌아가겠다고 하면서 이를 만류하던 피고인에게 "000(현재 남자친구)가 더 좋다. 너 같은 것은 필요 없다. 니가 죽건 말건 신경 쓰지 않겠다. (피고인이 자살 시도를 하였을 떄) 그냥 놔두었어야 했다."라고 말하자 이에 격분하여 피해자를 살해할 것을 마음먹고, 양손으로 피해자를 밀어 그곳 침대 위에 넘어뜨린 다음 피해자 위에 올라타 양손으로 피해자의 목을 약 10분간 강하게 졸라 피해자를 즉시 그 자리에서 경부압박에 의한 질식으로 사망에 이르게 하여 피해자를 살해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement;

1. On-site inspection reports, reports on results of meals, scenes and photographs of the corpse, body autopsy reports, and autopsy and appraisal reports;

1. Each investigation report (the confirmation of the identity of a suspect and the victim coming into and administered from the "Gmotour", and attaching the telephone details of the victim's male-friendly Gu 00);

Application of Statutes

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

1. Scope of applicable sentences by law: Imprisonment for 5 years to 30 years;

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

[Determination of Punishment] homicide [Type 2] Ordinary homicide

[Special Sentencings] Mitigations: Self-denunciations

[Recommendation and Scope of Recommendations] and Mitigation Area, 7 years to 12 years

3. Determination of sentence: 12 years of imprisonment; and

The Defendant, who was the old ties, killed the victim’s neck on the ground that the victim made a speech that she would disregard the Defendant and received contact with another man having a relation with the present man. Since the life of the victim is of a remaining value above all, it cannot be used for any reason for infringement. The victim, who was merely 32 years of age due to the instant crime, was faced with the young age, and the bereaved family members of the victim were also living in an uncured pain. The victim’s bereaved family members are strongly demanding a serious punishment against the Defendant. Although the victim was punished by severe punishment, even if the victim’s wife was not able to recover the victim’s wife’s body and body, and the victim’s suffering from the victim’s bereaved family members should be considered as important consideration in determining the Defendant’s punishment.

However, the Defendant voluntarily surrendered to an investigative agency immediately after the instant crime was committed. The Defendant is in violation of depth while recognizing all the instant crimes. The Defendant appears to have brought about the instant crime while under the influence of alcohol, resulting in a contingent dispute with the victim, and there is no circumstance to deem the Defendant to have committed the instant crime in a planned manner. There is no history of criminal punishment except for the record of punishment of a fine of one million won for violent crimes in around 2018. Such circumstances are the circumstances that should be taken into account in favor of the Defendant.

Taking into account the above circumstances and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive of the crime, circumstances before and after the crime, etc., the highest punishment shall be determined within the scope of the recommended sentencing guidelines as ordered.

Judgment on the request for attachment order

A prosecutor asserts that a person who committed a murder, such as a statement of a crime, committed by a person subject to a request to attach an electronic device, is highly likely to repeat the crime, and requests an electronic device attachment order for 20 years.

Article 5(3) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders provides that “Dangerouss to repeat a homicide” means that the possibility of recidivism is insufficient solely with the possibility of re-offending, and that there is a considerable probability that a person who is requested to attach an electronic device may injure legal peace by committing a homicide again in the future (see, e.g., Supreme Court Decision 2012Do289, May 10, 2012; 2012Do5, 2012Do51, supra). However, in full view of the following circumstances revealed in the records of the instant case, the materials submitted by the prosecutor alone, thereby impairing legal peace by committing a homicide again in the future.

It is difficult to conclude that there is considerable probability.

(1) A person subject to a request for attachment order committed the instant crime by causing a serious and contingent dispute with the victim while drinking, and does not lead to the commission of murdering or an undiscriminatory violence against an unspecified person on the part of the victim according to a brush plan.

② According to the "written investigation conducted before the initial probation office", the risk of recidivism by the person requesting the attachment order, which is assessed in accordance with the KORAS-G (KORAS-G), is "high level of risk of recidivism by the person requesting the attachment order." However, the points of the person requesting the attachment order, among the total points of 30 points, are "high level of risk of recidivism by 15 points out of the total point of 30 points" (the overall point is between 12 points and 12 points to 'high level of risk of recidivism'). Further, the risk of recidivism by the method of screening the mentally ill person(PCL-R), which is assessed in accordance with the method of screening the mentally ill person(the overall point of 40 points, from 12 points to 25 points to 'high level of risk of recidivism'). Although the person requesting the attachment order, the person requesting the attachment order shows the characteristics of recidivism, such as chronic depression, lack of behavioral control power, lack of risk of harm, decentralization and civil records.

4) A person subject to a request for an attachment order has no record of criminal punishment except for a punishment of a fine of one million won for violent crimes in 2018.

⑤ A person who requested to attach an attachment order, immediately after committing the instant crime, voluntarily surrenders to the investigative agency while taking responsibility for the crime, and subsequently committing all the crimes, is committing the crime.

(6) It seems that the execution of imprisonment with labor for the person subject to the request for attachment order can expect the prevention of recidivism and the correction of character and behavior.

Therefore, the request for the attachment order of this case is dismissed in accordance with Article 9 (4) 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is not reasonable.

Judge Yellow-il

Judges Lee Byung-chul