2012No524 homicide, fraud, fabrication of public documents, uttering of forged public documents, concealment of carcasses;

Forgery of private document, uttering of falsified Private Document, Fraud, Fraud, thief

Any interference with public performance, false entry into public records, etc., and any false entry into public records;

Events such as private records, illegal events of official document

A

Residential Busan Jinsan-gu

Ulsan District in the place of registration:

Defendant and Prosecutor

Prosecution (prosecution, public trial)

Attorney B

Busan District Court Decision 2010Gohap856,872 (Consolidated), 873(Consolidated) Decided May 31, 201

Judgment

Busan High Court Decision 2011No335 decided February 8, 2012

Supreme Court Decision 2012Do2658 Decided September 27, 2012

March 27, 2013

The part of the judgment of the court below against the defendant is reversed.

A defendant shall be punished by imprisonment for life.

One sheet (No. 2) of the motor vehicle driver's license test that has been seized shall be confiscated.

One copy (No. 1) of the seized resident registration certificate shall be returned to the heir of the victim C.

1. Summary of grounds for appeal;

A. Defendant

Although the Defendant did not have killed the victim, the lower court found the Defendant guilty of the charge of murdering the Defendant. However, the lower court cannot be deemed to have proved this part to the extent that there is no reasonable doubt solely with the multiple indirect evidence or circumstances based on the Defendant’s conviction.

(b) Prosecutors;

(1) misunderstanding of legal principles as to the crime of hiding a corpse

In light of the fact that it is intended to protect a person who has the legal interest in the crime of concealment of a corpse as a social custom of the bereaved family members, and that the "ciralment" means that it is impossible or extremely difficult to detect the corpse in the crime of concealment of a corpse, etc., it is an error of law that the court below acquitted the bereaved family members of the crime of concealment of a corpse despite the establishment of the crime of concealment of a corpse, which affected the conclusion of the judgment by misapprehending the legal principles.

2) Unreasonable sentencing

The court below's imprisonment is too uncomparably unfair.

2. Judgment on the grounds for appeal by the defendant

A. Summary of murder among the facts charged in the instant case

After being admitted to a large amount of life insurance, the Defendant: (a) killed a female elderly with no neighboring person even at the time of termination of a social relationship; (b) killed a female elderly with a view to resolving economic difficulties by receiving the insurance money under disguised manner, such as the death of the Defendant; (c) was admitted to a large number of life insurance for the Defendant as the insured; and (d) was admitted to the “the house of a female elderly with a female elderly in Daegu (hereinafter referred to as “responding house”) located in Daegu, and killed the victim C (hereinafter referred to as “responding house”) who was living in the “the house of a female elderly in Daegu, 26 years of age”), who was admitted to the house of a female elderly with a female elderly in Daegu (hereinafter referred to as “responding house of a child care center operated by him/her, 1.3 million won per month and to have him/her acquire a child care certificate even from the near school to the date of his/her death.”

B. Determination

1) According to the evidence duly adopted and examined by the lower court and the first instance court, the following facts are determined:

A) The situation before the Defendant committed the instant crime

(1) Economic situation

(A) Around November 18, 1997, while living together with D and D around November 6, 1998, the Defendant brought a claim for consolation money following D’s resolution of de facto marriage, and lost on November 2, 1999. Around that time, the father’s mother was the best to support F and E.

(B) While the Defendant was transferred as an instructor of a private teaching institute, he was designated as a recipient of basic livelihood security and as a beneficiary of medical care on December 13, 2005, in order to repeat the entry and discharge of E from a acute fladial leculosis from around December 9, 2004 to around March 10, 208.

(C) From April 8, 2005 to April 22, 2010, the Defendant owned an amount equivalent to KRW 220,000,000 at the market price of the Busan Jamamdong apartment in Busan in the name of F. However, the above apartment was established with a total of KRW 242,00,000,00 of the maximum debt amount, and there was no particular property value. In addition, from October 1, 2008, the Defendant operated an I Institute in the name of F in the name of Busan in the name of F in the name of F in the name of business from around February 19, 2009, but disposed of the I Institute in the name of "K from the same J from February 19, 2009." However, it was difficult to mawol business because the Defendant had received the above type of operation by around October 1, 2010.

(D) Meanwhile, the Defendant’s debt amounting to KRW 16 million, including KRW 50 million, KRW 25 million, personal debt amounting to Busan Metropolitan Self-Support Center, KRW 10 million, and KRW 10 million, and KRW 16 million, to E&P social welfare. Furthermore, on March 18, 2010, the Defendant was subject to a compulsory auction application for the above G apartment that the Defendant was living on behalf of the Defendant, and on April 22, 2010, after disposing of the above apartment house, it was difficult to rent Busan High apartment house amounting to KRW 100,000,000,000.

(2)Relationship with M

(A) From around 2003, the Defendant sent back to the 13th century, which was a university student, and went back to the 13th century. From around August 2009, the Defendant was faced with a very economic difficult situation by putting a large amount of money out of the rent of KRW 890,000 on a monthly rent of KRW 890,00, a monthly rent of KRW 890,000, and putting in a high-class restaurant with the money of KRW 130,00, a high-class restaurant.

(B) On January 2010, the Defendant made a false statement that he had been informed of his marriage experience and the existence of the married foreign person, and that he was pregnant with N., and that he was sent his child to N and his new female-parents by receiving another’s fetus photograph from the Internet, and later sent N and his new female-parents to his mobile phone, and eventually made N and female-parents feel severe mental pressure by infertility with M.

(c) Other criminal cases;

(A) On January 15, 2010, the Defendant was indicted on April 19, 2010 on the charge that he/she acquired 5 million won as a start-up fund and forged and used a real estate lease contract.

(B) The Defendant applied for the extension of the date to the full bench, but did not appear on May 17, 2010, which was accepted by the full bench. On June 3, 2010, the full bench issued a detention warrant to the Defendant, and on June 11, 2010, issued a telephone call call with the Defendant on June 17, 2010 that he would be present on the date of trial on June 10, 201.

B) Progress from March 2010 to June 16, 2010

(1) Purchasing multiple life insurance;

On March 8, 2010, the Defendant: (a) the Defendant was the insured; (b) the Defendant paid the death insurance amount of KRW 650 million to the MDB life insurance around March 8, 2010; (c) KRW 250 million of the death insurance amount to the KDB life insurance around August of the same month; (d) KRW 200 million of the death insurance amount to the KDB life insurance; (b) KRW 90 million of the death insurance amount to the Furden social life insurance around May 17, 2010; (c) KRW 150 million of the death insurance amount to A; and (d) KRW 300 million of the death insurance amount to the Furden life insurance (AI) around June 14, 2010; (d) KRW 601 billion of the death insurance amount to the Furden life insurance premium of KRW 300 million; and (e) KRW 600 billion of the death insurance premium of KRW 3615 billion of the death insurance amount.

However, the defendant did not have all incomes from the purchase of the above insurance to the purchase of the insurance, and there was no economic surplus to pay the insurance premium in excess of KRW 100 million.

(2) Internet search

From April 19, 2010 to June 16, 2010, the Defendant entered and searched the following search terms via the Internet at the Defendant’s home:

d. 19 April 2010: Snackers

April 20, 2010: Murder method

May 27, 2010: Procedures for shelters for the homeless, care facilities for the homeless, care for the homeless, and reporting of their death.

June 2, 2010 .... estesticide and fluoricide.

on June 3, 2010: Megatable odor, Megatable addiction, Megatable Megatable, Megatable

on June 4, 2010: DA 100ml

June 7, 2010:O

June 11, 2010: Death insurance proceeds

on June 12, 2010: Insecticides, agricultural chemicals, pacoin, and pacocoin

On June 15, 2010, death insurance money + multiple + contract

6.6. 16. 2010: Nitryer

(3) The lapse from the time to the time when the victim was taken to protean.

(A) Around March 15, 2010, the Defendant connected to “the house of the next Kapeta Sym Symar Mar. 15, 2010, which was operated by the O operating a shelter,” and sent to the Defendant a page that he is willing to help him work at the child care center for the part of his own will to create.

(B) Even after sending the above page to 0, the Defendant sent a call with O or exchanged letters on several occasions, and exchanged e-mail. On May 30, 2010, the Defendant visited the rest area to meet the victim, sent the victim to Busan, and returned the victim to the rest area, and sent it to the university and sent the certificate of qualification.

(C) After that, the victim was thought that the defendant was waiting for a clerical error as soon as possible, and that he was able to enter the university. It was said that all those who were in the shelter were son of a child-care center. On June 10, 2010, the victim stated that he was able to have a child-care center student, and that he was able to have a child-care center student, and that he was able to have a child-care center student, and that he was able to write down his flag and audit it.

(D) On June 16, 2010, the Defendant: (a) sent the victim to the shelter and again sent the victim to the P, sent the victim a monthly wage to the P, and lived; and (b) the P, working in the shelter, said, 50 children of the childcare center run by the P, who have been employed in the shelter, was said to have been 50 children of the childcare center. The victim was able to bring about four animals, and Q, working in the shelter, would not bring about the victim's animals; (b) the victim brought the baby only, brought the victim, and then brought about the other animals. The victim, starting from the Republic of Korea to Busan, sent a text message to Q around 20:37 of the same day from the date on which the victim took the message to P, who was in Busan, and on the same day from the same day, he she sent to P, who was in full 17:17 of the same day.

C) On June 17, 2012, in an emergency room

On June 17, 2010, 17:05:00, the Defendant arrived at his own vehicle, and R, a doctor in charge of emergency room at the time, was how the Defendant became the victim. The Defendant stated that “The Defendant, before the victim’s arrival, talked about the first time while the victim was born to the back seat of the next 30 minutes, he had no consciousness of consciousness. However, the Defendant appeared to have been in the heart at a private hospital that the heart was abnormal, and that the heart was safe, and that the heart was in mind at the private hospital.” In addition, the nurse stated that “The victim was a baby and no lineal family member, the victim was born to the mother, and the chest was born to the mother in the emergency room before the aftermath of the hospital.”

R determined that the reason for the death of the victim was presumed to be a acute fluorial color. At around 05:13 on the same day when the defendant was requested by the nurse of the emergency department to receive the patient, the defendant received the patient from the head of the emergency department in the name of the defendant who was not the victim.

D) Progress after June 17, 2012

(1) crematization of the body of victims;

(A) The Defendant transferred the body and received the body’s personal information under the name of the Defendant without notifying the victim’s bereaved families orO, etc. to the victim’s bereaved families or shelters, etc., by transferring the body and holding funeral services.

(B) The defective defendant, who could not receive a written autopsy from the T-Defendant due to lack of a written autopsy, attempted F to confirm the identity of the victim and receive a written autopsy by stating that he died of the victim on his behalf.

(C) After confirming the identity of the victim through the elderly, the defendant was issued a written autopsy from U, who is the doctor of the autopsy. At the time of the autopsy, the defendant: "At the time of the autopsy, the defendant, while living together with the deceased for about 4-5 years, sent to U, took care of food, clothing, hospital treatment, and employment. The deceased, who was at the time of the death, took care of the baby and the chest, and complained of the disability and the respiratory difficulty. As in the house, the chest complained of the 5th day, and the chest was sent to the emergency room of the above hospital, but the death was done before the arrival of the above hospital. The same was the same as the end of the emergency room of the above hospital, and the deceased was frightd with the heart disease, and the deceased was insured by the post office."

(D) U determined that the victim’s body did not have any extraordinary external wound that could be seen as an external personnel or accident death, and that the Defendant prepared and executed a written autopsy report stating the cause of death as “the presumption of acute scarcity color” by taking account of the details of the death, etc., and the Defendant at around 10:00 on June 18, 2010, performed cremation of the victim’s body and spread it to the office flad, etc.

(2) Internet search

From June 22, 2010 to June 22, 2010, the Defendant entered and searched the following search terms via the Internet at the Defendant’s home.

June 22, 2010: Cases of payment of death insurance benefits, cases of payment after death reporting + insurance.

On June 28, 2010: The death of the defendant during the public trial, + the defendant + the death of the defendant, and + after the report of death.

Multilateral Copies, Death Insurance Cases

July 1, 2010: the period of time to be removed at the time of death, the report of death + a certified copy of the family register.

-2010.7.2.: Postal death declaration, death declaration, procedures for filing death declaration, method of filing death declaration, death declaration, death declaration;

Refusal to pay the net insurance money

on August 4, 2010: Death after insurance loss, high-amount death insurance money.

on August 5, 2010: The payment of death insurance proceeds, background of the heart + estimated death insurance proceeds, and presumption of cardio-highen color.

Payment of Death Insurance Money

August 18, 2010: fingerprinting in the death of the deceased, and fingerprinting in the death of the deceased + ＋ fingerprinting.

(3) Other circumstances

(A) On June 21, 2010, immediately after the victim died, the Defendant sent letter and letters to the effect that “I will send a death certificate to the creditor, but I would already commit suicide, not the third person, because I would like to receive this letter.” On August 5, 2010, the Defendant sent a letter to the same effect to the Busan Metropolitan Self-Support Center. On September 5, 2010, by deceiving 00,000 won by deceiving 10,000 won, the Defendant reported the victim’s death to the Busan Metropolitan Government Civil Service Passport and Family Registration System, and applied for the driver’s license in the name of the victim using the victim’s resident registration certificate.

(나) 한편, 피고인은 이 사건 발생일로부터 약2주 후인 2010. 7. 초순경 M을 만나 연인관계의 복원을 요청하였으나 거절당하자 메소밀이 들어 있는 플라스틱 병을 꺼내 보이면서 '사람들이 괜히 어려운 약 찾는데 이 약은 구하기도 쉽고 고통도 덜하게 죽는다, 나도 죽고 우리 아이도 죽게 하겠다' 는 취지로 말하는 등 자살소동을 벌리기도 하였다.

E) Statement of the state of the victim and the hospital related persons at the time of arrival of the emergency room.

(i)the state of the victim at the time of arrival of the emergency room;

At the time of the arrival of the emergency room, there was no self-pulmon and heart impulse, and the air space was expanded. At the time of the commencement of cardiopulmonary resuscitation, Cheongty was already in progress in the face, the end, and the end of the heart, and the heart was in a state of FLAT in which there was little electrical reaction in the examination, and the body temperature of the victim was already dead in a state of low level compared to normal.

(2) Statement by hospital-related persons

(a) A statement of the person in charge of emergency action;

At the time of arrival, investigative agencies and the court below stated that there was a lusence to the victim at the time of arrival, and that there was no lusence to ascertain whether the victim died at the time of the instant case, and that there was no interest to whether the lusence was carried out, and that there was a possibility of a lusence by lusium color for young women, such as the victim, was extremely rare, and that there was a result that there was no lusence in the recent lusium test.

(B) Statement of the nurse in an emergency room, V

An investigative agency made a statement to the effect that "the same is mixed with smells at the time of snicking, not with any other smells," but it is stated to the effect that "the investigative agency is not guilty of snicks (the investigation record 574,575)," and that "the court does not snicks about this (the trial record 237)."

(C) Statement of an emergency nurse S

At the investigative agency, the victim's entrance and face side were fluently refilled, the nurse laid off a plant that is fluent and face, and it is thought that he did not have any special smell at the time that he would have been snick (it is 584 to 586). He stated in the same purport in the court that he stated that "It was unfluent material that was not food, and that the nurse was fluent with the chest, and that he was fluent (it is not 247 pages of the trial record)."

F) The result of an additional examination by the court after remanding the drug and side effects of the victim's clothes.

(1) Results of checking the facts about Daegu Medical Center

(가) 피해자는 2008.1.30.경'무월경, 성염색체 이상' 때문에대구의료원 산부인과에서 진료받고, 2009. 2. 25.부터 2010. 6. 7.까지 여성호르몬제인 '트리시퀀스' 와 칼슘제인 '칼디비타' 를 처방받아 복용하였다.

(B) From September 5, 2007 to June 25, 2008, the victim visited the department of mental health of the Daegu Medical Center on seven occasions in an irregular manner, and took advantage of the department of mental health of the Daegu Medical Center on seven occasions, under the prescription of anti-opic agents and anti-opic agents, and directorship.

(다) '트리시퀀스'는 일반적으로 폐경기 여성의 여성호르몬감소에 따른 증상 완화 및 개선에 처방하는 약으로 투약 전 부작용 검사가 요구될 만큼 그 부작용 에 대해서 심각성이 보고된 약물이 아니고, 피해자도 처방기간 내내 특별한 부작용을 호소하지 않았다.

(D) No anti-fluoral agents and anti-fluoral agents did the victim complained of side effects during the administration period, and they seem to have shown symptoms of the victim on the medical record page.

(2)Investigative 6 March 2013, the Korean Institute of Scientific Investigation for the South Part of the National Institute;

(가)2007년부터 2009년까지의피해자에 대한건강 검진에서 심전도 및 혈 압검사결과에 아무런 이상이 없는 것으로 기술되어 있고, 피해자가 '트리시퀀스' 를 16 개월 정도 장기간 복용하는 동안 특이할 만한 이상증상을 보였거나 심장질환을 의심할 만한 다른 진술이 없었다면 '트리시퀀스' 에 의한 피해자의 심장관련 이상반응의 가능성 은 매우 낮은 것으로 사료된다. 그리고, 피해자가 위 약을 장기간 복용하여 왔고, 쉼터 상담일지에 피해자가 술을 자주 마셨다는 기술이 있으며, 피해자의 상담일지에 기록된 내용 이외에 그동안 특이할 만한 이상반응에 대한 진술이 없었다면 알코올과 위 약의 복용에 따른 상호작용으로 인한 이상반응을 인정할 만한 근거는 없는 것으로 사료된다.

(B) The victim is not a patient who must not administer 'knife' and a patient who will be prudent. The side effects of the drug and the mutual use of the drug with other drugs, including alcohol, are believed to be without any descriptions described therein.

(C) The victim is not a patient who should not give a 's siren' and a person who should prudent. The possibility of increase in the value of temporary inter-functional inspections by the above medication cannot be completely excluded, but the rise in the value of inter-functional inspections by the victim seems to be greater in relation to frequent drinking by the victim.

(D) The victim is not a patient who must not administer 'p Rexroth prone' and a patient who will be prudented. While reporting that there are side effects on self-harmicide and suicide inclinations immediately after the administration or interruption of the above medication, the victim's suicide potential resulting from the above medication is very rare, since the prescription period from September 5, 2007 to June 25, 2008 is from June 2008. There is no possibility that there is no possibility to acknowledge abnormal response to the cardio-cerebral relationship.

G) Following the remand of symptoms, etc. in the event of Mebane addiction, the result of the additional examination by the court (the result of inquiry by the National Scientific Investigative Research Institute of Dec. 14, 2012)

(1) The time from which a person dies after the crypt reading may vary depending on the volume of the crypted, i.e., excessive quantity, and may vary depending on the health condition of the cryptian, and the time from 15 to 4 hours after the cryptian.

(2) In the case of a brush powder, the color of the pesticide to be displayed is in black color and is used as solvents, water, etc., and unique smells. In the case of mixing or dilution with water, beer, etc., it is difficult to determine whether the brush is mixed by color and smelling, etc., since it is difficult to determine whether the brush is mixed with the color of the market when the brush is mixed with water, beer, etc.

(3) Mexanes are produced and sold domestically Mexanes (24.1%), etc., and the estimated amount of injury to the human body of Mebanes is 17 gg per body. Thus, the quantity of the product manufactured on the market corresponding to the estimated amount of injury caused by Mebanes to adults 60 km in body is 4.2 ml.

(4) The physical reaction, such as excessive amount of 15 to 30 minutes, and an increase in pulmonary resuscitation, is reported with the symptoms of major climatic addiction to pesticides, such as meconium 15 to 30 minutes of meconium. Therefore, if a person meconiums meconium meconiums meconium, the meconium’s meconium may influencately excessively excessively. As such, a specific part, for example, can flow over the part of the upper chest adjacent to the mouth.

2) In a criminal trial, the conviction shall be based on the proof of probative value with which a judge is able to have a reasonable doubt that the facts charged are true, and if there is no evidence to establish such a degree of conviction, even if there is a doubt of guilt against the defendant, it shall be determined as the benefit of the defendant. However, such doubt is not necessarily required to be formed by direct evidence, but it may be formed by indirect evidence unless it violates the rules of experience and logic. Even if indirect evidence does not have full probative value as to the facts of crime individually, if it is deemed that there is a comprehensive probative value that can not be independent if comprehensive examination of all evidence is conducted under mutual relation (see, e.g., Supreme Court Decision 201Do4392, Nov. 27, 2001).

In the instant case, the Defendant denies the crime, and the body of the victim was dissected without an accurate autopsy or scientific autopsy procedure for the body of the victim, and there is no direct evidence such as witness’s statement. Thus, the probative value of indirect or circumstantial facts recognized by indirect evidence is determined by comprehensively examining the probative value of indirect or circumstantial facts according to the aforementioned legal doctrine.

A) Whether there was a motive to kill the victim

The facts acknowledged by the court below and the court below as above are as follows: ① The defendant, while supporting the old-age and her father while taking care of the old-age and her father without certain revenue from January 2010, he purchased a large amount of money consumption, such as lending high-class vehicles to maintain the relationship with the old-age children; ④ The defendant, who purchased a large amount of monthly insurance premium from March 8, 2010 to June 15, 2010, was to have subscribed to a multiple life insurance for which the defendant was the insured; ② The defendant, who had purchased a large number of old-age and her life insurance policies from around 2 months before the occurrence of the instant case, was to have purchased a large amount of money from the Internet for the purpose of deceiving the victim's death, murder method, death reporting procedure, death insurance money, etc. ④ The defendant, who had been living with his family members from around 30, 2010 to around 15, was using the victim's body's entrance to the Internet.

B) The credibility of the Defendant’s statements and defenses

(1) The evidence of criminal facts must be presented by a public prosecutor in criminal proceedings, and as long as the defendant does not have to be forced to make a statement unfavorable to himself/herself, even if the defendant's appeal is unreasonable and false, it cannot be made disadvantageous to him/her due to such reason (see Supreme Court Decision 91Do1385, Aug. 13, 191). However, the possibility that the defendant is not the offender is likely to be a reasonable and reasonable, that is, it can serve as an important factor to determine whether the defendant can function as an impeachment for evidence conforming to the facts charged, and this is to be examined in this context.

(2) The defendant's personal information was changed to that of the defendant because the victim was a relative to Busan because he was living in Busan, and was asked to the purport that he would know about the main side of the city, and he did not kill the victim. However, he did not kill the victim. However, the victim left the hospital immediately before the W apartment located in the G apartment in the Busan-gu, Busan-gu, and immediately left the hospital. The victim's personal information was changed to that of the defendant because he was aware of the death of the victim at that place, and the victim was able to receive insurance money by using the victim's death in a timely manner. On the other hand, with regard to the process of insurance coverage and the reasons for searching toxic chemicals by the Internet, the victim was searched to find an appropriate means of suicide for the purpose of evading life insurance by committing suicide.

(3) However, in full view of the following circumstances revealed by the facts and records seen earlier, it is difficult to accept the Defendant’s aforementioned legal action.

(A) The Defendant: (a) laid the victim’s passenger car in Daegu at the rest area to the victim’s passenger car; and (b) stated that the victim did not have the right to the time of his death. However, at the time, the victim sent text messages to 0 or Q among the Do roads to Busan, and it is evident that the victim had the phone; (c) around 00:38, June 17, 2010, the date of his death, it was identified that the victim had the phone; and (d) the details of the Defendant’s cell phone sent from the victim’s cell phone in Yong-dong and 1 Dong area located far away from the Busan metropolitan line or the above W apartment.

(B) From June 17, 2010. 02:30, the Defendant: (a) from around 2010.6. 17.02:30, the Defendant: (b) had difficulty in drinking alcohol with the victim; (b) had returned to the victim’s body; and (c) stated that the victim’s body was left at around 04:30, the victim immediately left the hospital. However, from the place where the Defendant was absent the victim, the time required from the place where the victim was unsatisfed to the hospital to turn the victim into the emergency room at the hospital was within 10 minutes in way; (c) the time required for the Defendant’s arrival at the hospital emergency room was approximately 30 minutes after the death of the victim; and (d) according to the above facts, the victim appears to have passed a considerable time after the arrival of the emergency room at the time of the emergency room at the time of the death of the victim at the time of the emergency room at 30 to 0 hours after the death of the patient at the time of the emergency room.

(C) In the vicinity of the above W apartment, the U.S. Bag Hospital was not only aware of the location of the Defendant’s wife for treatment of leuk blood disease, but also is much larger than that of the K.S. Hospital. If the Defendant was not likely to disclose his identity or to be aware of the victim’s private death, it is difficult to find a good inter-small-scale hospital, which is a complex small-scale hospital with complicated access routes, for instance, such as the Defendant’s awareness of the location of the Defendant’s wife’s relative for treatment of leuk-ray disease.

(D) Although the victim died, the Defendant did not notify the victim’s bereaved family members or those who were in custody of the victim until the day immediately before the victim’s death. Moreover, the Defendant did not notify the victim’s bereaved family members or those who were in custody of the victim at the time of the victim’s death at the time of the victim’s death, and the doctor or the death of the victim caused the victim to “the victim to undergo a heart examination even before and after the death of the victim, and the heart head of the heart return to the family.” The death of the victim who believed such false death was determined in an urgent and heart color of the victim’s private life. On the other hand, the body examination, etc. was prepared by stating the body’s personal information as the Defendant notified, as well as the body examination was prepared under the direction of the Defendant immediately following the death of the victim. After the cremation procedure, it was impossible for the Defendant to check the cause of death through the body of the victim, which is the direct and sole proviso to the death of the victim. It was difficult to change the Defendant’s body behavior after the death.

(E) On the other hand, the Defendant heard that, in order to comply with the procedures for cremation of the body, it is necessary to confirm the deceased’s family members and participate therein, and immediately asked F to ask F to request that the body was carried out by the new mother as if the body was the Defendant, and that F was killed of the victim on behalf of F who asked the circumstances.

(f) The Defendant, while making a statement to the purport that the above circumstances are entirely different, reversed the previous statement at each time when it is confirmed that there is no fact that he was searched or purchased toxic chemicals such as mers, etc., such as mers, but the search record and the witness’s statement that the Defendant had a mersity after the occurrence of the instant case, was confirmed, and re-concept the previous statement.

(G) The victim's relative residing in Busan is only the mother of the victim's mother, and there was no usual traffic, and the victim's visit to Busan did not have a proper attitude (the investigation record 2336), and the victim's statement was requested to the purport that the victim will know about the state because the victim was living in Busan because he was living in Busan. If the defendant's statement was made, there was serious economic difficulties around the time of the instant case, and further, on June 17, 2012, the defendant, who was a criminal trial against himself, did not have a special relation on June 16, 2010, went to Daegu where the rest area was located in Busan, and even around 10:00 from around 10:0 to 4:30:0 on the following day, he or she could not assert that he or she did so by drinking or drinking with the victim as the victim.

(h) Although the defendant was engaged in Internet search in order to find ways to commit suicide, the reason why the defendant searched such as ‘the Act of Murder', ‘qualitying death', ‘resting place for the homeless in Busan, and ‘the homeless in Busan', is not explained.

C) Possibility of the victim’s protruding

(1) Comprehensively based on the evidence duly adopted and examined by the lower court and the trial court, the victim was in the body of ordinary citizens, and the usual mathy (y-GTPP) value was higher than that of the general public until December 2008, and the victim did not have good condition, and the victim took part in ordinary smoking, and not only took part in the treatment for women’s kymmon system due to the pasium and the treatment for depression, but also the fact that the victim took part in drinking immediately before the death.

(2) However, as seen earlier, the facts acknowledged by the lower court and the first instance court were ① there was no difference in the result of the heart and the blood pressure test conducted by the victim from 2007 to 2009, and the result of the call trawls in 2008 and 2009 were within the normal range. The mathrop (y-GP) level was exceeded the normal range as a result of the inter-functional examination in 2007 and 2008, but it was difficult for the victim to treat the victim again within the normal range (i.e., the investigation record 716 to 719), and (ii) the victim was unlikely to suffer from the above 20-year-old side effects during the 20-year-old treatment, and thus, it was difficult for the victim to have treatment for the above 20-year-old side effects during the 20-year-old treatment.

D) The possibility of committing suicide of the victim

(1) With respect to the possibility of suicide of the victim, the victim was asked whether the victim was able to think about the death of the victim that was made fluence and fluence without the end of the vehicle during the coming from Busan, and even if she was unable to pay money, she did not use the back of her family even if she was punished for his/her work, and she did not go against the back of her family, and she did not have any her old room as a woman because she was at the problem in her old situation, so he/she was ordered to do so. In the above W apartment, she did not drink with the victim while she did so with the victim, and she did so, she did not go to the near, but she did not go about 5 minutes after she did so, she complained of the victim, and she complained for the suicide of the victim. It seems that he/she made a statement to the purport that he/she made a statement to the effect that the victim attempted suicide to the hospital.

(2) In addition, if the evidence duly adopted and examined by the court below and the court below, the injured person was admitted to the shelter on June 20, 2007 due to the parent's dispute and the physical behavior of male and female students. After admission, it was difficult for the injured person to take care of the depression by June 2008. It is recognized that the injured person was a dead-in room and the injured person was suffering from the depression until June 2008.

(3) However, in light of the above facts, i.e., the victim’s suicide from 200 to 209, i.e., the victim’s health was carefully recovered, i., the fact that the victim starts with her life-long after her uniforms, etc., ii) writing including the victim’s intention to find a job and improve her life with the defendant on June 10, 2010 before her death, i.e., the victim she applied to the shelter Internet car, and she did not have any suicide from 10 days before her death on June 16, 2010, i.e., the victim’s suicide to her members of the shelter, and the victim was unable to return to the shelter again, i.e., the victim’s suicide from 20 days before her death to 3 days after her death, and there was no reason to deem the victim to have arrived at the Busan City Association by referring to the rest message from 10 days to her.

In addition, (1) The injured party had no evidence to confirm suicide in addition to the Defendant’s statement at the time when the injured party died at the hospital. However, the Defendant consistently from the investigative agency to the trial. The Defendant left the shelter in Daegu to Busan and returned to Busan and had the injured party on the next day, and did not have any other way to drink with the injured party in order to buy alcohol more, but there was no special reason to see that the injured party could have been suffering from suicide at the time of the Defendant’s statement. In light of the fact that the injured party was unable to do so at the time of his suicide, the Defendant did not appear to have been able to have been able to have any other way to avoid suicide, and there was no possibility that the injured party would have been suffering from suicide at the time of Busan and there was no possibility that the injured party would have been able to suffer from suicide at the time of the death of the injured party. The reason seems to be that there was no special circumstance to deem that there was no possibility that the injured party could have been any other way to commit suicide between the Defendant and the injured party.

E) Whether it is possible to kill by a third party

① As seen earlier, the Defendant left the rest place in Daegu with the victim, and had been able to purchase alcoholic beverages more than the time until the victim complained of scarcitys to Busan and the victim left the emergency room, and stated that the victim was the same as the victim, and that the victim was able to do so, that it was 5 minutes of time or 's length of time', and that it was excluding the possibility of intervention of a third party. ② If a third party unrelated to the Defendant were killed the victim, it is highly likely that the victim might have used the complete force, and there was no detection of a special trace of credit. In full view of the fact that the victim could have been killed by the third party.

F) Conclusion

The facts acknowledged earlier and several times, namely, ① it appears that the Defendant had sufficiently motive for killing the victim. ② The Defendant used large amount of monthly insurance premiums before and after the time of the instant accident to concentrate on multiple life insurance with the Defendant, and applied for the method of murder, death insurance money, etc. on several occasions, and planned access to the victim during the instant accident. ③ The Defendant was the only person with a thickness between the victim and the victim during the instant accident and his death, there is little possibility that the victim would have been killed by a third party, ④ It is difficult for the Defendant to find out the fact that the victim was killed by an emergency action after the victim’s death, ④ It is highly probable that the Defendant might have died by a dives during the immediately preceding accident, and that there was no other scambling of force on the victim’s body. In light of the fact that the Defendant’s scambling and scambling of the victim immediately before and after his death.

Therefore, the defendant's assertion of mistake is groundless.

3. Judgment on the misapprehension of the legal principle by the prosecutor

A. Summary of the facts charged

At around 14:00 on June 17, 2010, the Defendant: (a) laid C’s body at the Sim Park Funeral hall located in the Sims Park-dong, Busan, and (b) issued a written draft of autopsy on his/her own as a guardian of the above body; (c) on the 18th day of the same month, the Defendant performed cremation of C’s body and concealed the body for the purpose of hiding the murder after being handed over the said body at the same place.

B. The judgment of the court below

The court below found the defendant not guilty on the ground that the crime of concealment of a corpse constitutes a crime of concealment of a corpse under law, contract, or sound reasoning, which is protected by the legal interest and protection of a religious sentiment or religious peace as a social custom against a deceased person, where a person who is obligated to take care of the corpse of a corpse of a deceased person neglects it or a person who does not have a duty to take care of the corpse of the corpse of a place moves into his/her place without following religious and social custom (see, e.g., Supreme Court Decision 98Do51, Mar. 10, 1998). On the premise that the crime of concealment of a corpse was established in a case where a deceased person was committed without any evidence to prove the crime (see, e.g., Supreme Court Decision 98Do51, Mar. 10, 1998).

C. Judgment of the court below

The legal interest protected by the law of the crime of concealing a corpse is to protect the religious sentiments of the deceased's family members, and the act of concealing a corpse means to make it impossible or extremely difficult to detect the corpse, etc.

In light of the following circumstances acknowledged by the evidence duly examined and adopted by the court below and the court below, it is reasonable to view that the part of the charge of this part of the defendant's crime was committed because it was impossible or extremely difficult to detect the body, and thus, it was impossible for the bereaved family members of C to discover the body of C by cremationing the body of C according to the cremation procedure as if the body was the body of his body. ② The purpose of cremationing the body of C was to conceal the body of the defendant, and it was to hold the body of the defendant dead, and it was not for the pet and the body of the deceased as the inherent meaning of funeral. ③ The defendant's act was found that C's bereaved family members were unable to express the body of the deceased, and thus, it constitutes a concealment of the body of the deceased. Thus, the prosecutor's appeal against this part of this part is with merit.

Therefore, the lower court that acquitted this part of the facts charged is erroneous by misapprehending the legal principles, which affected the conclusion of the judgment.

4. Conclusion

Therefore, the prosecutor's appeal on the part of the concealment of the dead body cannot be maintained as it is for the reasons as seen earlier. Since this part and the remaining conviction part of the court below should be sentenced to a single punishment as concurrent crimes under the former part of Article 37 of the Criminal Act, without examining the prosecutor's allegation of unfair sentencing, the part of the judgment below against the defendant among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed, and it is decided as follows

Criminal facts

The facts of the crime acknowledged by this court are as shown in the corresponding column of the judgment below, except for adding the summary of the facts of the prosecution stated in the above 3. A. The facts of the crime in the crime of concealment of the dead body, and therefore, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence recognized by this court is as follows: 1. The summary of the evidence in the judgment of the court below is the summary of the evidence as to the facts listed in Articles 4 through 6 as stated in the judgment of the court below, with the exception of adding "1.1. witness 0, Q’s respective legal statements, 1.1. The defendant’s partial statement, 1. U witness of the court below, T’s respective legal statements, 1. the body autopsy, 1. The body autopsy, 204 (Investigation Records No. 203, 203, 204), 369 of the Criminal Procedure Act, and the corresponding column of the judgment of the court below."

Application of Statutes

1. Article applicable to criminal facts;

Article 231 of each Criminal Code (the point of each private document) and Articles 234 and 231 of each Criminal Code (the manner of each private document)

§ 347(1) of each criminal law (other than section 8 of the market) and each penalty

§ 225 of the Act, Articles 229 and 225 of the Criminal Act (the use of each forged public document)

The Criminal Code, Article 250(1) of the Criminal Code, Article 161(1) of the Criminal Code, Article 250(1) of the Criminal Code, Article 161(1) of the Criminal Code

329(a thief) of the Criminal Act, Article 137(a thief) of the Criminal Act, Article 230(a thief) of the Criminal Act

Article 228 (1) and Article 30 of the Criminal Act, Article 228 (1) and Article 30 of the Criminal Act, the Criminal Act

Articles 229, 228(1), and 30 of the Criminal Act (in the event of false statements, public records, and electronic records), Article 347 of the Criminal Act

Articles 1, 30 (the 8th frauds in the market), 352, 347(1), and 30 (Attempted Frauds) of the Criminal Act

of this section)

1. Commercial competition;

Articles 40 and 50 of the Criminal Code of the Republic of Korea

Punishment and judgment No. 9 of the crime of uttering of a memorial document due to the exercise of an application for the delivery of remains;

C. (1) Each of the offenses of uttering of each falsified Document and each of the offenses described in Section 9-C (2) of the judgment of the court below

Provisions concerning the uttering of a falsified investigation document due to the exercise of a more severe forgery agreement;

Punishment [each Punishment]

1. Selection of punishment;

In respect of murder, each crime of life imprisonment, each private document forgery, each crime of uttering of a falsified document, each crime of fraud;

The crimes of Do, obstruction of performance of official duties, unlawful uttering of public documents, false entry into public electronic records, and false entry into public electronic records, and public electronic records;

Each choice of imprisonment with labor for the crime of uttering of records, etc. and attempted fraud;

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (the crime of homicide with the largest punishment)

As life imprisonment has been selected, no other punishment shall be imposed.

1. Confiscation;

Article 48 (1) 2 of the Criminal Act

1. Return:

Article 333(1) of the Criminal Procedure Act

Grounds for sentencing

The crime of this case is very poor and highly likely to be punished by capital punishment for the defendant, as well as for the mere tool for the acquisition of insurance proceeds that can not be altered, in order to conceal one's own crime, after subscribing to many insurance policies that are able to receive high-amount insurance money before death from the motive for solving his own economic issues, and thoroughly preparing for murder methods, and soliciting a female older person who was not received through care with family members, and then murdered by deceiving or deceiving the insurance proceeds by pretending that he died, and not only used the same as a very low-class and inadequate crime, but also used the body of the victim for the purpose of concealing one's own crime. Nevertheless, even until this court, the defendant has opened a defense for the murder, which would not be able to obtain, even if he did not attend the murder, and has been able to do so. If other circumstances that are the conditions of sentencing are denied, it may be considered that the punishment of death will be imposed against the defendant.

However, the death penalty is an inevitable punishment in light of the degree of responsibility for the crime, since the State's power is the extreme punishment that deprives an individual of his/her life permanently due to its necessity. Thus, in order to impose a death penalty on an individual, it is sufficiently acceptable that the death penalty is an inevitable punishment in consideration of the offender's age, occupation and career, personality and behavior, family relation, criminal record without criminal history, motive for the crime, relation to the victim, damage assessment, means and method of the crime, seriousness of the result, existence of reflectness and book, fear of recidivism, etc. In addition, it is possible to accept it objectively. Accordingly, it is difficult to view that the death penalty in this case is an inevitable punishment against the defendant in light of the defendant's age, growth process, character and behavior, family environment, career experience and criminal records, etc.

In full view of all such circumstances, it is reasonable to impose the defendant on life imprisonment, so it is decided as per Disposition.

(Presiding Judge)

Mack Tae

has already been fixed

1) The Defendant is arguing only about murder among the facts charged in the instant case.