2017 Highest 503 Minor Inducement, Artificial Abandonment

A

Kim Dong-dong (prosecution), Kim-hee, and Interest Gyeong-hee (Public trial)

Attorney B (Korean National Assembly)

February 21, 2018

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of four years.

Criminal facts

1. Inducement of minors;

On September 10, 2017, the Defendant: (a) heard that, around September 10, 2017, at the Defendant’s house located in the Seoul Central Western-gu C and the fifth floor, “I would like to have the Defendant her friend back, so I would like to find out how much her her friend, and that it is necessary for the Defendant to get his her friend to get his her friend, and that there is a good friend, or a friend, with her parents, she would be friend; (b) after having D search the Defendant’s cell phone image of the Defendant’s friend, stored in the instant Mesenger program, and then requested D to “F(14 years old)” from this D to “F(14 years old).

Then, on September 12, 2017, the defendant continued to receive the defendant's request that "I am for foreigners" from D, "I am for 20 million won to 30 million won when I am for foreigners, I am for about 10 million won, I am for about △△, I am for about 10 million, I am for about she am for about 10 million, I am for about she am for about 100,00,000. I am for about 100,000,000 I am for about 10,000,000, and I am for about 100,000."

Since then, around September 29, 2017, the Defendant and D met the motion picture produced by the OO group members of the above Defendant’s house, who are the victim, at the home, and gather the victim as a clerical error in the house of the Defendant. D prepared to put the victim into an ethyl 3 days, which is exempted from water, a small amount of disease, and ethyl 2, which is exempted from water, by melting the Defendant into an ice with a lux box attached by melting the victim, and let the victim sleep the victim by drinking it. If the victim does not sleep, as the victim did, ethyl 2, as the victim did not sleep, and even after that, as the victim did not sleep, ethyl 2, as if the victim did not do so, as if the victim planned to do so, she planned to do so.

Accordingly, at around 12:00 on September 30, 2017, the Defendant thought that the facts in front of the H school located in Jungdong-gu Seoul Metropolitan Government were to take the victim into the Defendant’s house at the order of the above D, and did not think of the film emitted from the ○○○ members with the victim at all, but the victim was able to say that the victim was “a person who shows a film produced by ○○○ members with our house at our house and appears to be the same person with the film produced by ○○○ members at our house,” and that the victim was on September 12:20 on September 30, 2017.

Accordingly, the defendant conspireds with D to induce a minor victim.

2. Abandonment of the dead body.

D From around 15:40 on September 30, 2017 to October 12:30 on October 1, 2017, 2017, during which the victim committed an indecent act against the victim who was in a state of failing to resist because he/she was deprived of his/her consciousness by drinking water exemption from the above Defendant’s house, and was unable to resist, it was held on October 12:30 on October 1, 2017 that the victim sucks down or sucks down from diving, and the victim sucks down on the face of the victim, and then the victim skes down the ske and KONs died of the victim’s skeel pressure.

After all, at around 16:00 on October 1, 2017, the Defendant and D conspired to throw away the body of the victim who died as above at the above Defendant’s house, and D d d d fung removal chemicals into a flood, funging the body of the victim, d funging the body of the victim, d funging the body of the victim with a cover of the face, and funging the body of the victim, the Defendant d fring the body of the victim, and fring the body of the victim, and D fring the body of the victim into a large travel counter.

Then, around 17:18 on October 1, 2017, the Defendant and D moved the above travel log to the Gangwon-gu Armed Forces, which was prepared in advance at the front of the building where the said Defendant was located. At around 21:30 on October 21, 2017, the Defendant and D moved the victim’s body from the above travel log to the front of the building where the said Defendant were located. At around 21:30 on October 21, 2017, the Defendant and D moved the victim’s body at the front of the building where the victim’s body were removed and removed the contact tape attached to the victim’s body, which was located below 100 meters high from the body of the victim’s body.

Accordingly, the defendant, in collusion with D, abandons the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

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

1. Each police protocol of K, L and M;

1. Each statement of the defendant;

1. Each investigation report (A verification on the face of inducing the F to house, verification of the contents of E dialogue exchanged between the suspect A and F N after committing an offense, F mother and A’s telephone recording on the day of the instant case, acquisition of a separate seized video file, verification of the concealment of a criminal act by the suspect A E, analysis of criminal records of the suspect A E, attachment of a record prepared by the criminal analysis officer, attachment of CCTV images of the suspect D and A, CCTV analysis in front of the suspect’s residence, analysis of CCTV in front of the suspect’s residence, and confirmation of additional delivery by the suspect A);

1. Photographs;

1. Each CD;

Application of Statutes

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

Articles 287 and 30 of the Criminal Act (the occupation of attracting a minor, the choice of imprisonment), Articles 161(1) and 30 of the Criminal Act (the occupation of abandoning a person and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes concerning Inducement of Minors with more severe penalty)

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant entirely forced D to commit the instant crime.

2. Determination

According to the evidence mentioned above, although the defendant caused D to commit the crime of this case by making D or requesting D, D cannot be deemed to have exercised special violence, intimidation, etc., or forced the defendant. Rather, the defendant's participation in the crime of this case is deemed to have been occurred as D's demand with respect to the victim's damage indisrushly accepted D's horses like usual, etc., and it seems that the defendant was involved in the crime of this case as D's demand without any doubt about the victim's damage, and the victim's failure to communicate once more than one year after graduation from an elementary school was well aware of the fact that the victim's reputation is positive and difficult friendship with the victim, and it is difficult to view that the defendant committed the crime of this case only by coercion without his own decision-making authority. This part of this part of the defendant and defense counsel's assertion is rejected.

Reasons for sentencing

1. The scope of punishment;

From 1 to 15 years of imprisonment;

2. Scope of recommendations;

Since the defendant is a juvenile offender, the sentencing criteria do not apply.

3. Determination of sentence;

The crime of this case was committed by the Defendant after hearing the horses from D, “A person who is in need of strict space.” The Defendant viewed D’s cell phone pictures by allowing D to look at the victim’s friendship, and inducing D to the house of the Defendant under the direction of D to visit the victim’s friendship, putting D’s dead body into a large travel room, and moving D’s body to the camping of the Young-gu, Young-gu, the body of the victim’s body was taken back under the direction of D, and then the body of the victim’s body was sent back to the camping of the Young-gu, the motive, means, contents, and process of the crime was extremely poor. In particular, the Defendant reported D’s wife and his mother’s sexual intercourse with other male, and became aware that D’s sexual contact was caused by D’s instructions, and it could not be sexual contact against the victim, and it could be said that D’s sexual intercourse was caused by the victim’s own sexual intercourse or sexual abuse against D’s own body.

The Defendant, according to D’s instructions, allowed the victim to drink ethyl 2, who did not proceed as planned, followed the victim to drink ethyl 2, and allowed the victim to sleep as if he did not proceed as planned, followed D’s other water immunitys. Following D’s instructions, the victim was transferred to the inside and outside of the house without being left only the victim’s cell phone, and the victim went to the outside of the house. After the victim’s cell phone termination, the victim’s cell phone was not at D’s house, and the victim went to the outside, and the victim was not at D’s house. Under D’s instructions, the whole victim’s cell phone was put into the door compensationer of the Doll underground stairs, which was living before the victim’s cell phone, and participated in the crime of D in a scambly and depth. Ultimately, the Defendant: (a) induced the victim, and (b) caused excessive indecent act by the victim, and (c) caused the Defendant’s death to be criticized, and thus, the Defendant’s act cannot be justified.

After leaving the victim's home, the Defendant had frightened with her natives, and had no way to do so, such as giving and taking out the E message with other natives, and attempted to avoid the crime of this case on October 1, 2017, including: "I will report to the victim"; "I will not see how I will see that I will come to the victim's mother and fright, and will come to the victim's mother and fright at 2:0 p.m. during that process, I would like to leave the victim's home, and I would like to see that I would like to avoid the crime of this case, such as "I will report to the victim"; "I would like to treat I would like to see how I would like to go back to the victim's body after the victim's talk?" and "I would like to treat I would like to see the victim's body after the victim's interview?" I would like to see that I would like to see that I would like to see the victim's body.".

The crime of this case constitutes a serious crime that damages the basic values of our society that is able to protect minors who are not capable of protecting themselves, respect their lives, and significantly undermines the unity of the community, and thus, the general preventive necessity is also high to prevent the victims who are detained from the crime of this case. In other words, the crime of this case led to the crime of this case that children and juveniles are unable to doubt the fundamental trust relationship between their relatives and children, and the parents are not aware of the right to maintain a relationship with their relatives, and also the action criteria and action criteria are also repeated. The victims’ bereaved families were bound to receive serious mental shock to the extent that their daily lives are impossible, and to live in life with the victim without any end-of-life pain. Accordingly, the Defendant needs to be punished in accordance with their acts and responsibilities.

However, the following should be taken into account when determining the term of punishment: (a) the Defendant’s age and recognized the instant crime; (b) the Defendant was an initial offender who has no criminal history; (c) the Defendant was unable to perform normal school life due to the disease, 'large-scale music; and (d) the Defendant’s growth in the environment where he continued abuse of his wife and it appears difficult to regard D as a normal female relationship.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and results, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined.

Judges Lee Sung-ho

Judges Kim Jong-won

Judges Noh Jeong-chul