2015Gohap37 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)

(A) dead bodies, abandonment of the body;

2015, 5 (Joint Attachment Orders)

2015 early 240 (Joint Probation Order) Probation Order

A person whose attachment order is requested, or a person whose probation order is requested;

Ma○○ (59 - 1), trees

Kim Chang-seop (Lawsuits) (Court of Justice), Kim Jong-Un, and Hong Sung (Court of Justice)

Attorney Park Jong-young (Korean National Assembly)

March 25, 2015

A defendant shall be punished by imprisonment for life.

The seized brushes (No. 1), g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.

(Evidence No. 4), one set (No. 5), and one knife (No. 6) shall be confiscated, respectively.

To order the defendant to complete a sexual assault treatment program for 120 hours.

Disclosure of Information on the Defendant’s Information and Communications Network for 10 years, shall be disclosed and notified through the Information and Communications Network: Provided, That the public

The summary of the sex offense being opened and notified shall be limited to the crimes listed in paragraph (1) of the judgment.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for 30 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

The request for the probation order of this case is dismissed.

Criminal facts and the facts constituting the attachment order

[Criminal Facts]

Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as Defendant 2) are the relationship between Defendant and Defendant 2 and Defendant 2: (a) around 2012, the victim, who was in the Bupyeong-gu Bupyeong-gu, Incheon in the Bupyeong-gu, Bupyeong-gu, Seoul, had been aware of the victim, who was in the end-of-the-day side of the package, and was in the middle-day package of the victim’s day-to-day ○○ (e.g., the 71 year old)’s day-to-day day-day day-day day-of-day day-day day-day day-day day-day day-day day day-day day-day day-day day

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape;

On December 20, 2014, the Defendant: around 53, 2014: Around 53, 2014: (a) the Defendant got to the residence of the Defendant, located in the Southern-gu Incheon Metropolitan City, Nam-gu, Incheon, by dividing the number of three illnesss with the victim, and divided the number of three diseases with the victim. (b) The Defendant went to the residence of the Defendant, located in ○○○, ○○○○○ (Inter-dong, ○○ Office).

On December 20, 2014: around 00, the Defendant: (a) 18: (b) stated that the Defendant had talked with the victim by dividing the subject and talking with the victim in the Defendant’s residence; (c) had been able to commit rape; (d) had the victim hump; and (e) had the victim humped; (e) had the victim humped with the Defendant’s right chest; (e) the Defendant humpeded the Defendant’s right chest, hump, and kumped against the Defendant; and (e) the Defendant humded the victim, humded the victim’s hum, humded the victim’s hump and panty; and (e) humd the victim’s head, who was on the back of the victim’s humb.

The Defendant reported that the victim was her head and her head to cause the death of the victim, and then moved the victim to the toilet to avoid committing the crime, and then put the victim in the travelling room (48cm in width, 70cm in length, 29cm in height, 29cm in height) for the purpose of travelling, "the victim was able to her her head and the victim was her head, and the hidden sound was her head, 16cm in the kitchen (28cm in total length, 16cm in length in knife) and killed the victim on several occasions on the left side of the victim and the victim.

2. Abandonment of a dead body.

The Defendant, as described in paragraph (1), put the victim who kills as described in paragraph (1) into a travel room, made the victim be placed in a toilet at the level of a day, let the victim be placed at the bar near the residence, and attempted to conceal the crime by abandoning it on the alleyway near the residence.

On December 21, 2014, at around 33: Around December 22, 2014, the Defendant, at the residence of the Defendant, had a room for drinking, containing the victim’s body, and abandoned the victim’s body at the entrance of ○○○○○○○○○-ro, Nam-gu, Incheon, Nam-gu, 150 meters away from the victim’s body.

【Fact of Grounds for Attachment Orders】

The Defendant, as described in paragraph (1) of the facts constituting a crime in the judgment, is likely to recommit murdering a victim who has committed rape, taking into account the background of the crime, the method of the crime, the circumstances after the crime, etc.

Summary of Evidence

1. Defendant's legal statement;

1 . 정소 , 정 , 김◆◆에 대한 각 경찰 진술조서

1. Each protocol of seizure, the list of seizure and the protocol of inspection;

1. A death diagnosis report, a result of autopsy, a result report on identification, and a report on request for appraisal;

1. On-site and carcass photographs, each CCTV photograph, CCTV photograph and domination line, and frout after the outbreak of the Ma○○ incident;

The criminal suspect's criminal records, on-site inspection photographs, photographs of seized objects, and investigation reports (the criminal records discovered at the body of the victim);

appendixture photographs of a child

1. The risk of repeating a crime as indicated in the judgment: by the evidence mentioned above and response to a written investigation prior to a request for the attachment order;

the following circumstances that may be recognized, the developments leading up to the instant crime, and the conduct after the instant crime;

In full view of the Defendant’s age, awareness and attitude as to the Defendant’s crime, the re-homicide of the Defendant

It is recognized that there is a risk of committing a crime. In other words, ① adult evaluation of the risk of recidivism (KORAS - G)

As a result, the defendant's recidivism risk was assessed as 13 points in total (at least 12 points in total).

2 As a result of the evaluation of the selection of the mentally ill person (PC - R), the Defendant

The risk of recidivism in this case was assessed as 14 points in total. (3) The crime of rape in this case was committed.

8(1)(2) or 70(2) or (3) or (4) or (3) or (4) or (4) or (4) or (5) or (5) or

The victim shall be deemed to have been dead, who spawned the spawn of the sea, spawn the victim, and lost his awareness.

The number of crimes committed, after being mistaken for the victim, murdered by a knife several times in a knife knife

(4) According to the result of the pre-request investigation conducted by the probation office, the Defendant is harsh.

There are a lot of cases of expression on the face of flat, but it is not possible to participate in it after drinking.

Along with the characteristics of the nature of the thief, the Defendant was punished for committing the larceny.

(2) The records of criminal punishment on several occasions for violent crimes, such as the damage of property and obstruction of business;

Therefore, most of the above criminal records are conducted under drinking, and the defendant's sound is the same.

It seems that the state ability is lacking.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 9(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 300 and 297 of the Criminal Act.

in person, and Article 161(1) of the Criminal Act (the occupation of a dead body)

1. Punishment for concurrent crimes;

Articles 37 (former part), 38 (1) 1, and 50 of the Criminal Act

Other punishment because of the choice of life imprisonment for the crime in violation of Special Act on Special Cases concerning Rape, etc. (Rape, etc.)

Corporation shall not be subject to section 58 of this title]

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order to complete a program;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. An order for disclosure;

Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 49(1)2 of the Act (limited to the crime of No. 1 of the Decision)

1. An order to notify;

Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Protection of Children and Juveniles against Sexual Abuse

Article 50 (1) 2 of the Act (limited to the first offense in the judgment)

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

Article 5(3) and 9 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

section 1(1)1, Article 9-2(1)1, 2-2, 3, and 5

Reasons for sentencing

1. Scope of applicable sentences: Imprisonment for life;

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

(a) Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.);

【Determination of Type】

Type 4 (Murder combined with Serious Crimes)

【Special Convicted Persons】

- Aggravations: Victims who are vulnerable to crimes, cruel methods of crime;

【Determination and Scope of Recommendations】

More than 25 years of special aggravation, imprisonment for life or more;

【General Adopteds】

- Mitigation elements: Serious reflect

-Aggravation: Abandonment of dead bodies

(b) Handling multiple crimes: Life imprisonment (the crime of abandonment of dead bodies in judgment shall not be subject to the sentencing criteria;

Therefore, considering that the lower limit of the recommended type is followed and that the applicable type is life imprisonment).

3. Determination of sentence: Imprisonment for life;

The crime of rape in this case was committed by the Defendant: (a) the Defendant tried to rape the victim of 70 women who were frighten and familiar with the victim; (b) the victim resisted against the victim; (c) the victim frightened her face and shot part; and (d) the victim her knicked the victim who was frighted to be dead; and (b) the victim flicked knick with knife again with knife and knife with knife, and the details of the crime were flife, as well as the result of the crime. After murdering the victim, the Defendant left the church accompanying the victim’s father and flife with the victim’s son, and left the victim’s knife and flife with the victim’s knife and flife the victim’s knife. The Defendant left the victim’s body by leaving the victim’s daily life.

The crime of murder is a serious crime in which damage cannot be recovered in any way. In particular, murder combined with rape is more responsible than the case of general murder. The victim committed the crime in this case, resulting in the serious fear and physical high body, and the victim’s bereaved family members were deprived of her mother due to the crime of the victim, who was in a deep sense that she cannot recover through her life. The victim’s her mother was deprived of her life, and the victim’s her children who were killed with her face without any justifiable reason were tried to make a statement that tried to escape the Defendant at the time of the court’s sentencing investigation. The Defendant appears to have failed to take any measures to prevent or recover the victim’s injury to her bereaved family members. The Defendant ought to be fully responsible for the Defendant’s injury corresponding thereto.

Taking into account some favorable sentencing factors, such as the fact that the defendant was deprived of her mother's parents and experienced conflicts, the defendant did not have the history of having been punished for the same sexual assault crime, and that the defendant recognized the crime of this case and reflects her mistake, and the victim's wife thought that the result of the crime of this case was one of the result of the crime of this case at the time of the court's sentencing investigation, and that the victim's wife stated that the defendant used the defendant, etc. as part of favorable sentencing factors, the following factors should be comprehensively considered: (a) taking into account various sentencing conditions, such as the defendant's age, character and conduct, balance between the crime and punishment, other various sentencing conditions, such as the defendant's age, character and behavior, the motive and circumstances after the crime, and the scope of recommended sentence according to the sentencing sentence of the Supreme Court sentencing committee, it is reasonable to determine that the defendant is a genuine defendant, without setting a period, who is isolated from society, and living with the victim and his bereaved family members.

Personal Information to be registered and submitted

Where a conviction becomes final and conclusive on the crime stated in paragraph (1) of the same Article, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assaults, and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of

Determination as to the request for probation order

In addition to requesting the defendant to attach an electronic tracking device, the prosecutor also filed a request for probation order after the completion of the execution of punishment under Article 21-2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

A person who was sentenced to an order to attach an electronic tracking device, as the Defendant, is subject to the execution of an order to attach an electronic device immediately before the completion of the sentence pursuant to Article 13(1) of the above Act. Pursuant to Article 9(3) of the above Act, the person subject to probation under the Act on Probation, Etc. during the period of attachment is subject to the duty of probation pursuant to Article 9(3) of the above Act. Thus, the request for the probation order of this case

The judge's personal display

Judge Jeon Sung-sung

Judges Maximum Beneficiaries

Matters to be observed

During the location tracking device attachment period:

1. To restrict the residence of a person requested to attach an attachment order to a Si/Gun/Gu having jurisdiction over the place of residence reported to the probation office.

Provided, That where a person requested to attach an attachment intends to travel outside the place of residence, the protection officer in advance;

The reason, period, place of movement, etc. shall be reported in detail to the inspection place and shall be permitted.

2. Daily: 24 from 00 to 06: They shall stay in the residence reported to a probation office.

3. They shall not have access to the victim's bereaved family members by any means, such as communicating the victim's bereaved family members or communicating the victim.

4. They should make excessive drinking during the period of electronic device attachment. The end;