강간살인,살인,절도,부착명령
2012Gohap850 Rape, homicide, thief
2012 Before and after the consolidation of 2014
Claimant
00, Daily Labor
Residence Busan East-gu
Daejeon East-gu in the place of registration
Isopon (prosecutions) and a trial (public trial)
Attorney Jeong-ho (National Election)
December 28, 2012
A defendant shall be punished by imprisonment for life.
The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.
Disclosure of information on the accused through the information and communications network for 10 years and notification of such information for 10 years (However, the summary of sex offense is limited to the crime of rape in the judgment).
The request for attachment order against the person to whom the attachment order is requested shall be dismissed.
Criminal History Office
The defendant is a worker on duty who works in a construction site, and has been on the part of the customer from about six months to about 00-0 Busan Dong-dong 00-0, Busan Dong-dong 00-0.
1. Rape with respect to the victim's maximum ○○○ and murder with respect to the victim's grandchildren ○○;
On August 12, 2012, from around 04:45 to 05:50, the Defendant was found to be a customer at the heading point of "00" in the operation of the victim ○○○○ (at the age of 55), and had the victim ○○ and the victim ○○○ (at the age of 56), who is the principal employee, she was able to sit on the table table table table table table table table table table table table table table table table table table table table table, and the victim ○○ was able to drink together with the victim ○○, and the victim ○○ was able to sleep on the table table table table table table table table table table table table table No. 4.
The Defendant, while drinking alcohol together with the victim’s maximum ○○○○. The Defendant tried to see the appearance that ○○○○○ was expected to rhythm the victim’s hair during drinking, and to see the victim’s face with the victim’s maximum 00 square meters, and to talk with the straw. The Defendant 1st ○○○○○ was able to commit rape, and she was able to kill the victim’s face with the victim’s maximum 1st son, and then she was able to use the victim’s seat with the victim’s maximum 0 square meters, and she was able to kill the victim’s 4th son, so long as she was able to do so. The Defendant she was able to do so with the victim’s maximum khyth son, and she was able to kill the victim’s her face with the victim’s maximum kyth son, so far as she was able to do so.
The Defendant continued to commit rape without having died of the maximum 00 victim who was killed by himself and tried to kill himself, and confirmed the life of him. The Defendant saw golf loans, and saw the victim’s best head head head O, knife the victim’s top, led the victim’s highest ○○○ in the part of the victim’s maximum ○○○, leading the victim into the main entrance, leading the victim’s maximum ○○, and then killed the victim’s highest ○○○ by fnifeing the part of the victim’s highest flife in the middle, and then killed the victim’s highest flife flife at the top of the part, such as the light flife, etc.
As a result, the Defendant murdered the victim ○○, attempted to rape the victim ○○○, and murdered after committing rape.
2. Larceny;
In order to kill the victim’s ○○○ and the lowest ○○○ at the time and place indicated in the preceding paragraph, and to conceal his criminal act and facilitate the escape thereof, the Defendant, at the time and place, killed the victim’s ○○○○○ and the lowest ○○○○○○, and 30,000 won in cash at the market price of KRW 9,90,00,000, 1 handbags and handbags carried out by the victim’s ○○○○○○○, and one handbags owned by the victim’s ○○○○○, and one handbags carried out by the victim’s her hand, which were located in the inside room. The Defendant, she stolen it by putting the victim’s titts from the market price of the victim’s Ba○○, which was kept by the victim’s Ba○○.
Summary of Evidence
1. Defendant’s legal statement1);
1. Each police station and each prosecutor's protocol of examination of the accused;
1. Statement to ○○○ by the police;
1. A report on the results of each body autopsy report, each body autopsy report, each body autopsy report, and each body autopsy report;
1. A report of inspection and a site inspection site;
1. Requests for each appraisal;
1. Each protocol of seizure;
1. Application of each investigation report (in response to the results of ○○ gene appraisal by a suspect, details of ○○○○○○ call between a suspect and a victim, attachment of an search card, time and time when all signboards for damaged places were removed, time and duration of the crime, immediately before the crime is committed, re-verification at the scene of the crime);
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 301-2, 300, and 297 of the Criminal Act (a point of rapes, choice of life style), Article 250 (1) of the Criminal Act (a point of homicides, choice of life style), Article 329 of the Criminal Act (a point of larcenys and choice of imprisonment)
1. Aggravation for concurrent crimes;
Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 (As a result of selecting a punishment for life for a crime of rape with the largest punishment and nature of the crime, no other punishment shall be imposed) of the Criminal Act.
1. Order to attend lectures;
Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. An order for disclosure and notification;
Articles 37(1)1 and (3), and 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
The reason for sentencing lies in the crime of this case: (a) the defendant tried to rape the victim's bestO; (b) the victim scambling the victim's head with a beer disease several times; (c) the victim's head with hand and scam belt; and (d) the defendant scambling the part of the kitchen with a golf seed once again, and knife it twice with the kitchen (the knife length reaches 21cc) with two kitchens; and (c) the victim's knife's head with a golf scambling so as to kill the victim; (d) the victim's cell phone, scam, and knife with the victim's body; and (e) the victim's cell phone, knife with the victim's body after killing the victim; and (e) the defendant did not have any significant mental suffering from the victim's fingerprinting method, such as fingerprinting the victim's body, and there is no need for the defendant to have any mental sense of harm and value of the victim.
However, in full view of all the circumstances, such as the fact that the Defendant appears to have been acting against the Defendant’s wrong recognition of his/her own mistake, and that the Defendant was living without parents’ interest from the youngout and living in her natives, and accordingly, the final educational background appears to have been grow up without receiving proper family education in an influence environment, such as that the Defendant was living in middle school graduate, and that the Defendant did not have any other criminal history other than three times of fine due to the violation of the Road Traffic Act, etc., it is difficult to view that the special circumstance that can justify the death penalty against the Defendant is objectively evident.
Therefore, it is determined that it is reasonable for the defendant to take part in the victims who have lost a minor life due to the crime of this case and their bereaved family members and to have time to reflect their mistakes during the prison life period, by putting the defendant on life, not a death penalty that deprives the defendant of his life itself of the death, but a life imprisonment, which reflects the society to prevent recidivism. It is so decided as per Disposition.
Registration of Personal Information
Where a conviction becomes final and conclusive with respect to a crime of rape in a judgment that is subject to registration against a defendant, the defendant is subject to the duty to submit personal information to the competent authority pursuant to Article 33 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, because he/she is subject to registration of personal information under Article
Judgment on the request for attachment order of a location tracking device
1. A summary of the cause of request for attachment order;
A person who has committed a murder and is in danger of recommitting such crime, as stated in its judgment.
2. Determination
In order to issue an order to attach an electronic tracking device pursuant to Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, it should be recognized that the person subject to the request to attach an electronic tracking device has a risk of homicideing and recommitting the homicide. "Risk of recommitting the homicide" means that the possibility of recommitting the homicide alone is insufficient, and that there is a considerable probability that the person subject to the request to attach an electronic tracking device may injure legal peace by committing the homicide again in the future. The risk of recommitting the homicide is objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request to attach an electronic tracking device, the conduct prior to the homicide, motive, means, circumstances after the homicide, etc., and such determination shall be based on the time of the judgment (see, e.g., Supreme Court Decision 2012Do2289, Feb. 5, 2012).
In light of the above legal principles, the following circumstances acknowledged by the records of this case: ① The person subject to the request to attach an attachment order is assessed at the level of 'interim risk of recidivism' as a result of the application of the Korea KSOAS-G (KS-G). However, it falls under 'high' in total 30 points, 'ordinary' in 7-11 points, and 'less below 6 points' in case of a person subject to the request to attach an attachment order, 'the fact that the person subject to the request to attach an attachment order has been sentenced to 3 times a fine, but 'the fact that 'the fact that the person subject to the request to attach an attachment order has been sentenced to 'the fact that the person subject to the request to attach an attachment order', 'the fact that the person subject to the request to attach an attachment order has been found to have been sentenced to 'the fact that 'the person subject to the request to attach an attachment order' and 'the fact that 'the person subject to the request to attach an attachment order is found to '.
Therefore, the request for the attachment order of the location tracking device of this case is without merit, and the request for the attachment order of the electronic tracking device of a specific criminal is dismissed in accordance with Article 9(4)1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.
The presiding judge and the judge;
Judges Unauthorizedd Judge
Judges or commercialia
1) After the closing of argument, the Defendant did not commit rape in the document submitted to this court, which was “the maximum of the victim’s maximum ○.”
C. However, the defendant tried to rape the victim's highest ○ from the investigative agency to this court.
In doing so, the above victim made a statement consistent with the criminal facts stated in the judgment to the effect that "if the victim died of a defect in resistance."
F. The contents of the statement are considerably detailed, and the Defendant, who entered the main point of this case, immediately before the clerical error, ○○.
Even in Hop House, he was refused to offer a sexual relation to the female owner, and the victim highest ○○○.
The defendant's assertion that there is a hostile relation even before the crime is committed, and the case is based on the defendant's argument.
In light of the fact that it is not easy to explain the motive for each crime, it is difficult to believe the above argument.
It will be said that it will be the case.