2015, 6 (Joint) An order to attach an electronic device

Kim 00

Seoul Residence

Seoul basic domicile

A seized Raz. (No. 13) shall be confiscated.

A person who has requested an attachment order shall be ordered to attach an electronic tracking device for ten years, and matters to be observed in the attached Form shall be imposed during the period of attachment.

[Criminal Facts]

The defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendants") live in Seoul******************* * * * * 'in the fourth floor of the building'. The victim's new ○ was a person who operates the above 2nd floor of the building in ********* * * 'in the middle floor of the building in 2nd floor of the building in 2nd, and the defendant, victim, * * from 00 on March 4, 2015 : 06 on the same day in * 00 on the same day when the defendant, victim, and * 00 on the same day when the defendant and the victim were under drinking together.

1. homicide;

On March 4, 2015, at around 09:00, the Defendant broken the fruit alcohol with the victim during drinking alcohol. In this context, the Defendant reported the victim’s head by 119 by putting the victim’s head on the main branch of the two main branch where the victim was placed on the table that “I am unable to pay money,” and then “I am the victim’s head at one time, and reported that I am the victim’s head by 119.”

However, the Defendant: (a) sent the victim’s attitude of disregarding the Defendant while repeating the word “the victim’s hythy,” and (b) sent the victim a call to check the place to be called at around 20: 09 on the same day; (c) sent the victim’s 119 first aid workers to check the place to be called at around 20, and then sent the victim’s 119 first aid workers to return the victim’s body at the time of drinking and launching the victim’s body on several occasions; and (d) took the victim’s body at the time of drinking and launching, and used on the floor several occasions. The Defendant continuously led the victim’s face and hair part of the victim’s body from the place to be called at around 20. In other words, the Defendant murdered the victim by causing the victim to die the victim’s body by poppy and shocking the surgery from the place to be called at around 119 first aid workers.

2. A suspender building, an attempted crime, or destruction and damage of a corpse;

After murdering the victim as above, the Defendant had attempted to conceal the victim as if the victim died due to fire because it was difficult to avoid committing the crime.

피고인은 2015. 3. 4. 09 : 30경 위 소주바에서, 피해자의 점퍼를 피해자의 허벅지 부위에 올려놓고 일회용 라이터로 위 점퍼에 불을 붙여 사체에 옮겨 붙게 하였으나 스스로 불을 껐다 .

As a result, the defendant tried to destroy the body of the victim by burning the body of the victim, and at the same time destroyed the above-mentioned building that people use as a residence, but did not commit an attempted crime.

3. Larceny;

On March 4, 2015, at around 09:30, the Defendant: (a) opened a safe, which was a stringer after having string the fire, on the floor; and (b) opened a kitchen with the kitchen, by force, with the cash of KRW 153,00,000, which is owned by the victim.

【Fact of Grounds for Attachment Orders】

As above, the Defendant is likely to recommit murder when taking into account the circumstances leading up to the Defendant’s crime, the method of committing the crime, the behavior after committing the crime, the living environment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. White* Police Statements *

1. A copy of the report of occurrence (exploitation), a criminal investigation report (related to the filing of a report and the process of arresting the suspect), a criminal investigation report (related to the attachment of a knife and the site photo recorded on the site of the case), a field and a knife photograph, a recording of each site of the case,** a field photograph of the fire-fighting suspected in relation to the murder of the main shop, and

1. 112Report case handling lists, investigation reports (verification of the time of receipt of report), and report receipt status; 1. Results of autopsy, body autopsy reports, and autopsy and appraisal reports;

1. Notification of the result of fingerprint appraisal at scene of crime, reply to the result of fingerprint appraisal at scene of crime, identification of identity of murder case, each appraisal document, reply to requests for appraisal, reply to the request for appraisal, reply to the results of sufficient trace appraisal at scene of crime, presentation of assessment documents and discovered data, and sliding photo;

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. The risk of repeating a crime as indicated in the judgment: (a) the following circumstances are determined by reference to the aforementioned evidence, criminal records, two copies of the summary order, the claim investigation report, etc.; (b) the method of committing a crime is cruel; (c) the result of the prior examination (AUD IT) on the part of the defendant, 15 points in total, falls under the "victim of the problem"; (d) the risk of repeating a crime by the nature of the mental disorder falls under the middle level; (e) the risk of committing a crime by the mental disorder - 9 points in total on the basis of the evaluation result of the evaluation of the mental disorder - the age of the defendant's mental disorder ; (e) the risk of recidivism by the mental disorder - the defendant's mental disorder - lack of behavioral control capacity, lack of public ability for others; and (e) the risk of committing the crime of committing a crime of this case, including the crime of this case, is found to fall under the category of sexual assault 1, which appears to fall under the risk of recidivism.

Judgment on the Defendant and defense counsel's argument

The Defendant and his defense counsel stated that the Defendant had no accurate memory at the time of committing the crime and stated that he was in a state of mental disorder. According to each of the above evidence, it is acknowledged that the Defendant had a considerable amount of alcohol at the time, but reported to 119 that the Defendant was the victim after the victim was faced with his hair due to the two main branches of the Defendant, and that the Defendant reported to 119 in the first place after the report, and that the Defendant did not drink the above first time after the report. After the location confirmation call, the first respond to the situation to the first 119 first, and completed the instant crime after sending back the first first day, and the Defendant completed the instant crime, and the Defendant appears to have committed the crime, such as fire, theft, etc. after the murder and robbery, which appears to have been committed by the victim as if the victim died and concealed his crime due to fire and robbery, in light of various circumstances such as the background and means of the instant crime, the Defendant’s behavior before and after the crime, and the degree of memory of the Defendant’s process of the crime.

Application of Statutes

1. Article applicable to criminal facts;

Article 250(1) of the Criminal Act (homicide), Articles 174 and 164(1) of the Criminal Act (the purpose of attempted fire-prevention of the present building), Article 161(1) of the Criminal Act (the point of causing damage and destruction of the dead body), Article 329 of the Criminal Act (the point of larceny)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments on Punishment of Attempted Crime of Domining Building, Destruction and Damage of Corpses, Punishment of Punishment on Punishment of Dominant Building and Attempted Crime of Dominant Building)

1. Selection of punishment;

Imprisonment with prison labor for each punishment of imprisonment, and larceny for the crime of murder, the principal building or the attempted crime of fire;

1. Statutory mitigation;

Articles 26 and 55 (1) 3 of the Criminal Act (Crime of Suspension, Attempted Crime of Building at present, Attempted Crime of Fire Prevention)

[ 검사는, 판시 현주건조물방화미수 범행에 대해 피고인이 피해자의 점퍼에 불을 놓은 후 ' 치솟는 불길에 놀라 ' 스스로 불을 껐다고 공소를 제기하고, 이는 장애미수에 해당하는 것으로 의율하였다 .

However, if an act of commission of a crime is commenced and the act of commission of a crime is suspended at one’s own free will before the crime is completed, it is not an obstacle to the suspension of crime in general social norms (see Supreme Court Decision 197 Supreme Court Decision 197.).

6. 13. see, e.g., Supreme Court Decision 97Do957, supra)

In the instant case, the Defendant posted a fire to the victim’s spores and strings after the lapse of a certain period of time, and the Defendant’s situation after the Defendant spores from the police room with a spores in the sporesporesponding to the victim’s sporesporesponding to the victim’s diving because sporesporesponding into the sporesporesporesponding. (Evidence No. 155 of the evidence record), and the need to read the “sporesporesponding to the victim’s sporesporespos.” The fact that the Defendant stated “(Evidence No. 156 of the evidence record)” is recognized.

그러나 피고인이 스스로 불을 끈 점, 피고인이 스스로 불을 끈 이유에 대해 경찰에서 " 순간 모면하려고 했다가 다시 정신을 차려보니 이건 아니구나 하는 생각이 들어불을 껐습니다. " 라거나 ( 증거기록 60면 ), " 순간 안되겠다고 생각이 들어 신발을 신은 채로 피해자의 다리 위에 있는 불붙은 점퍼를 신발 발바닥으로 누르면서 껐어요. " 라고 진술한 점 ( 증거기록 155, 156면 ), 피고인이 검찰에서 점퍼에 불을 붙인 기억은 나지 않지만 자신이 불을 끈 기억은 난다는 취지의 진술을 하였고 ( 증거기록 231면, 255면 ) , 이 법정에서 " 치솟는 불길을 보고 자발적으로 불을 끈 것은 틀림없지요. " 라는 변호인의 질문에 " 예 그것은 제가 확실하게 말씀드립니다. " 라고 진술한 점, 불이 점퍼에만 붙었고 피해자가 입고 있던 바지나 상의 등에 옮겨 붙지 않은 것으로 보이는 점, 점퍼에 붙은 불은 피고인이 발로 밟아 끌 수 있을 정도에 불과하였던 것으로 보이는 점 등을 종합하여 보면, 위에서 인정한 사실만으로는 피고인이 치솟는 불길에 놀랐기 때문에 불을 끄게 된 것이라는 점을 인정하기에 부족하고, 달리 이를 인정할 증거가 없으며, 오히려 피고인이 범행 직후 방화의 범의를 번의해서 판시와 같이 자의로 범행을 중지하였다고 할 것이다 .

Therefore, we recognize the attempt to suspend the crime of attempted fire prevention of the present building in the holding.

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes of Murder with the Gross Mutandis Punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

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

1. Reasons for sentencing under Articles 9(1)1, 5(3), and 9-2(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

2. Scope of recommendations according to the sentencing criteria;

(a) homicide;

[Scope of Recommendation] Type 2 (General Mosing homicide) : Area of Special Leave (15 years or more, and life imprisonment)

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

(b) The basic area of larceny [the scope of recommendations] the basic area of larceny (the general larceny) in category 2 (the general larceny).

【No Special Convicted Person】

(c) Results of applying the criteria for multiple crimes: The minimum limit of the range of sentence shall be considered in light of the criteria for sentencing for crimes for which the sentencing criteria are set, since the crimes of murder, larceny and sentencing whose sentencing criteria are set in 15 or more years have not been set or attempted, the crimes of attempted principal building and attempted fire-prevention, which are ordinary concurrent crimes, and the crimes of destruction and damage of bodies are concurrent crimes under the former

3. Determination of sentence;

The following are the circumstances: (a) the Defendant recognized all of the instant crimes; (b) there is no record of crimes beyond the suspension of execution; (c) the current structure and fire-prevention crime was committed in attempted attempts; and (d) the degree of the destruction and damage of the dead body was not relatively serious; and (d) most of the thief crimes were confiscated and recovered.

However, the crime of this case was committed by the Defendant with his usual friend with the victim, on the premise that the victim is neglected to commit the crime of this case, the victim's head was friend and friend, and 119 was reported to the victim's draft, but 119 emergency medical services workers were willing to kill the victim solely on the ground that the victim's resistance and the defendant were born at the attitude of disregarding the victim, and then returned the victim's head to 119 emergency medical services workers. In light of the circumstance, method, contents and result of the crime, etc. of the crime, the crime was extremely poor. The Defendant attempted to kill the victim's head to avoid the crime of homicide, and then stolen money from the above friend to the victim's safe and mental harm caused by the death of the victim. More than anything else, the Defendant did not have to be punished for the death of the victim for the reason that the victim's life and mental harm did not occur from the State. It appears that the victim's life and mental harm did not occur.

Various sentencing conditions that are shown in the arguments in this case, such as the above various circumstances and the defendant's age, character and conduct, environment, circumstances after crimes, health conditions, etc., and the jury's opinions, shall be determined within the scope of the above sentencing order.

Jurors' verdicts and Sentencing Opinions

1. A verdict of guilt, innocence, etc.;

(a) He/she is guilty or not guilty;

○ All guiltys : 9 persons / 9

(b) Requests for attachment orders;

○ Issuance of an attachment order: Nine persons [Recognition of the risk of recidivism, confinement]

2. Opinions on sentencing;

(a) Penalties;

○ 18 years of imprisonment: 9

(b) Period of attachment orders;

○ 10 years: 9 persons (per day);

Judges Jink-in

Judges Lee Jin-jin