2014 Gohap290 A. homicide

(b) Murder;

Ga. 1. Ski○○ (000 - 00000) - Trade business (provisional import and sale)

2. (b) Kim○-○ (0000 - 000000) and public officials (Seoul National Assembly members).

The Prosecutor General of the Korean Tribunal (Public Trial), the Prosecutor General of the Korean Tribunal (Public Trial), the Prosecutor General of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the Korean Tribunal of the

Attorney Kang Jin-law, a defense counsel (for the purpose of defendant ski○○)

Attorney Jeong Ho-hun, and Kim Jong-sung (for defendant Kim ○○)

October 27, 2014

A person who, in the course of life imprisonment, is punished by imprisonment for 25 years, and by imprisonment for life.

Seized evidence Nos. 1 through 5 shall be confiscated from the defendant galk○.

Criminal facts

【The relationship with the victim of Defendant Kim ○-○ and the motive for murder】 Defendant Kim ○-○ is a member of the Seoul Metropolitan Government Council, who moved to the second district of Gangseo-gu Seoul Metropolitan Council to ○○, and won in election at the 6th nationwide local election implemented on June 4, 2014.

Defendant ○○ was working as an assistant officer of the National Assembly member in 2002 and was working in politics, and he became aware of the victim Song ○○(the age of 67) and maintained a close relationship with the victim.

After June 2, 2010, Defendant Kim ○, which was implemented on June 2, 2010, went out to the 5th local election of the 5th nationwide city, and won in the 2nd local election of Gangseo-gu Seoul Metropolitan City Council, and was elected, and became members of the Urban Planning Management Committee, the Steering Committee, the Steering Committee, and the Special Committee on Budget and Accounts. The victim was expected to increase land prices by changing the neighboring areas into commercial areas, including ○ building, which is the 4th floor building located in the Gangseo-gu Seoul Metropolitan Government ○○○○○, and there was a plan to extend the above ○ building to a tourist hotel, but it was difficult to realize the hotel business plan because the above areas are Class 3 general residential areas.

Accordingly, the defendant Kim ○ was to cooperate in changing the use of the victim and the above area to the commercial area.

On the other hand, the Gangseo-gu and Gangseo-gu Council secured a basic investigation service budget for changing the use of the above area around 2011 as a proposal of Gangseo-gu Council members with a close relationship with Defendant Kim ○○ on November 201, 201 while the possibility of changing the purpose of use of the above area has been deteriorated in order to secure a insufficient commercial area, and the basic investigation budget was secured.

3. Public announcement of a service contract for basic surveys on the change of the purpose of the light project, interim reports on the light service company on June 27, 2012, and interim reports on the change of the purpose of the light project;

1. Around 24, the process of hearing opinions from residents was conducted.

Defendant ○○ Kim-○ means to change the use of the above area to a victim who intends to extend a hotel through a change of the purpose of use, and Defendant Kim-○ received KRW 100 million around November 9, 201, including that the victim received KRW 20 million from the victim on or around October 8, 2010, around December 19, 201, and KRW 200 million around December 20, 201. Defendant Kim-○ received additional KRW 200 million on or around December 20, 201, and prepared and received a loan certificate of KRW 520 million in total from the victim. In addition, Defendant Kim○-○ received KRW 20 million on several occasions from the victim by driving the relevant public official, etc. on several occasions.

Therefore, on August 2012, the victim made a design drawing to extend the above ○ building to eight floors under the premise of the change of the purpose of use in trust of the end of the defendant Kim○○, which is to change the use of the above area.

However, on February 1, 2013, Gangseo-gu could not proceed with the amendment of the above urban planning, against the opposition of Seoul Metropolitan Government, while hearing the residents' opinions, and eventually, given up the implementation of the amendment to the above urban planning around June 27, 2013.

Defendant ○○ was elected as an assistant officer of the National Assembly member in around 2010, and he claimed a clean politics. Defendant ○○○ was aware that the above corruption is subject to criminal punishment if known in the world due to the width of the victim, as well as that it is possible to be buried in society due to the occurrence of the victim’s breadth, and Defendant ○○ was able to kill the victim in mind that it should not be wide enough to prevent such corruption.

【Defendant Ski○’s relationship with Defendant Ski○, and motive for murder】 Defendant Ski○ graduated from a high school in around 1989; was engaged in miscellaneous import transportation business with China from around 1998 to around 2009; was operated in Incheon from around 2007 to around 2009; from around 2011, it was a person who imported and sold saves bags, sights, etc. from China to Korea.

Around 2002, Defendant ski○ introduced Defendant Kim ○, a party member of the same political party, from ski○○, to pay back to her friend, and Defendant Kim ○, upon the first election of Seoul Special Metropolitan City, in around 2006, Defendant Kim ○, a party member of the same political party, had been friendly while attempting to engage in an election campaign. From the perspective of Defendant skid, Defendant skidd, skidly considered Defendant Kim ○, who was superior to his occupation or social status, and was believed to have believed it, and it was difficult for others to know Defendant Kim ○.

Defendant ski○ was invested in KRW 50 million from Defendant Kim○ at the time of operating the foreign currency exchange center in around 2007, but around 2009, the foreign currency exchange center was closed in an enemy, thereby preventing Defendant Kim○ from withdrawing the investment money. Defendant Kim○ from withdrawing the investment money. Defendant Kim○ was able to receive financial help from Defendant Kim○ in the course of seeking to resume the business again due to economic difficulties. From around 2012, the dependence on Defendant Kim○ was growing and its economic and psychological dependence was deepened.

As above, Defendant Kim ○-○, who was involved in the murdering of the victim, ought to have the Defendant ski○ who trusted and followed the victim to kill the victim, and at around April 2012, Defendant ski○’s mutual influent restaurant located in Seocheon-si, ○○○○○, Inc., there is no way to resolve the problem. There is no way to resolve the problem. Defendant skidding the victim by receiving money from the sender and making it possible for him to be threatened with the same human being. There was no concern about the problem of “the content of the matter,” and the two times thereafter, the matter has been resolved with the political life in which he did not remove the invoice. The death of the person and the borrowed certificate by him is an offender. If he did not have any relation with the person, it would not be known that he will end the crime without interfering with the right of his family members. If he did so, he would not interfere with the right of his family.

After that, Defendant Kim ○ requested to the same purpose repeatedly while ski○ or making a telephone conversation on the part of Defendant ski○, Defendant ski○’s attitude to ski○’s own pain, ski○’s attitude to assist the victim with economic help in the future, and Defendant ski○ tried to induce the death of Defendant ski○.

In addition, from April 2012 to May 2012, Defendant Kim ○○ shall have frighten ○○○, a total of 70,251,10 won as business operator gold or living expenses, so that fright○○○ himself/herself will become more active. around April 2012, Defendant Kim ○○ should have fright take the victim’s face while the victim fright and fright together with Defendant Kim ○○○ and the victim fright at the second floor of the ○○ building. From April 2012 to May 2012, Defendant Kim ○○ should continuously inform Defendant f righten ○○ of the victim’s moving time, the victim’s moving path, the victim’s moving route, the victim’s specific place before and after ○○○, and the victim’s movement did not have been installed.

Defendant 2: (a) on July 27, 2013, when Gangseo-gu renounced the proposal to alter the urban planning around the above ○ building, Defendant 2 promised to “the change of the purpose of use to the victim before the local election in 2014”; (b) on September 2013, Defendant 2013, Defendant 2: (c) called Defendant ○○○○ by telephoneing Defendant ki○○ on the phone to close and lighting up the door of the ○ Building cafeteria; (d) died of the invoice, Defendant 2: (a) died of the invoice and ki○○, but Defendant ○○ promised only to murder the victim; and (b) even thereafter, Defendant 2 was unable to murder the victim; and (c) on December 17, 2013, Defendant 200 no longer resolved the problem of “on the part of Defendant ○○○ by spreading the phone to contact with Defendant ski○○○.”

Nevertheless, Defendant Ski○ did not kill the victim and continued to do so on January 2014, Defendant Kim ○○ calls from Defendant Ski○, and Defendant Kim ○○ called “Ig to kill the president even if she is mixed,” and “Igd to ski, Defendant ski in the future after having contact with Defendant Ski○, and ski in the future, and “Ig to ski in four hands,” and “Igh to ski,” and Defendant Kim ○, who called “Ig to ski,” and Defendant Kim ○, skid the electric shocks and knicks prepared in advance to ski○○. Even after that, Defendant Kim ○○ did not pay back the money to Defendant Ski○ to ski○ that he did not have to do so, he did not have to do so and did not have to do so.

Accordingly, on February 24, 2014, Defendant Ski○ went to the above ○ building to kill the victim, but in other words, Defendant Kim Jong-○ cannot delay any longer, and Defendant Kim Jong-○ was able to kill the victim at the same time, with his responsibility to ki, and “it is no longer possible to do so.” At the next time, Defendant Ski○ died of the invoice, and ki○ was no longer string, and eventually, Defendant Ski○ did not look for murdering the victim.

【Criminal Facts】

1. Defendant Kim○-○

On March 20, 2014: Around 11, 201, the Defendant: “Around 20: Around 11, the Defendant made a telephone conversation to flick○, and there is no way to do so; (b) flicked to flick; (c) flicked to flick; (d) flicked to flick; and (e) flicked to flick; and (e) flicked to flick to flickblick; and (e) caused flick○ to kill the victim by electric shock and hand, at the victim’s office on March 4, 2014 on the third floor of ○○ building.

As a result, the Defendant caused ki○ to murder the victim.

2. Defendant galk○

On March 23, 2014, according to the above ○○○’s above teachers: around 52: (a) between the stairs of the second and third floors of the said ○○ building, the Defendant was in possession of the fingers and electric shock machines, etc. dried by the Kim○○ in advance; (b) confirmed that the running of the singing practice room in the third floor of the said ○○ building by the victim’s office through the window is completed; and (c) confirmed that the running of the singing practice room business in the name of the third victim’s office of the said ○○ building is shut down, and then, (d) confirmed that the said running

3. 00: (a) around 16, the victim was waiting for any clerical error in the first column of the above parking zone and the above ○○ building; (b) around 00:39 of the same day, the victim followed the victim who opened the 3rd floor of the above ○ building and the office entrance, so far as the victim left the 3rd floor of the above ○○ building so far as the victim was able to take off the part of the victim's head by the above knife; (c) the victim knife the knife, knife the knife of the knife, and knife the knife of the knife, caused the victim's death by the knife from the two knife; and (d) murdered the victim by taking the knife.

Summary of Evidence (Defendant skiOL)

1. The legal statement of the defendant ki○;

1. Each prosecutor’s protocol of statement on the one hand, ○○ (No. 263 No. 263), ○○ (272), ○○○ (303), ○○○ (310), ○○○ (323), ○○○ (323), ○○○ (331), ○○○ (338), ○○ (3338), ○○ (343), ○○), ○○ (344), ○○ (352), ○), ○○ (403), ○○ (403), ○○), ○○○ (438), and ○○ (439)

1. Statement of each police statement on ○○ (8), ○○ (10, 171), ○○ (14), ○○ (191), ○○ (191), and ○○ (192);

[Judgment of the court below]

1. Each legal statement of ki○, maximum ○, ○○, ○○, ○○, ○○, ○○○, ○○○, ○○, ○○, ○○, ○○, ○○, ○○, ○○, ○, ○○, ○, ○○, ○○, ○, ○○, and ○○, respectively;

1. Three copies of the mobile phone recovery analysis data, the request for provision of communications data, and one CD in storage of the original Kakakao message;

1. A comprehensive response to details of financial account transactions (ROMs);

1. Evaluation of strategic environment for change of a special-purpose area surrounding the mountain basin, organization and guidance of the Environmental Review Council, and review service for change of a special-purpose area surrounding the mountain basin (commercial area);

1. A photograph by cutting a CCTV image;

【Defendant】

1. Each prosecutor’s protocol of statement concerning Park○-○ (351), Gong○ (452)

1. Each police statement on the ship's ○○ (5), Kim○ (9), Ma○ (13), Ma○○ (16), Ma○○ (54), Ma○○ (54), Ma○○ (59), Ma○○ (79), Ma○ (75), Ma○ (86), and Ma○ (86);

1. Each protocol of seizure (84, 149, 255, 328, 349, 431, 470, 486);

1. Each list of seizure (256, 329, 350, 432, 471, 487);

1. Photographs of seized articles;

1. A written opinion of autopsy, a written result of autopsy and a written appraisal of autopsy;

1. A report on the results of field identification;

1. DNA analysis request (92), response to the request for appraisal (93);

1. The original daily record;

1. Notification of the request for fingerprinting and fingerprinting appraisal result;

1. Each CCTV photograph (25, 27, 30, 33, 36, 38, 55, 63, 65, 65, 118, 120, 125), CCTV photographs of an elevator apartment of fab○ apartment, CCTV photographs before and after the crime, CCTV photographs of fabry, Incheon Airport CCTV photographs, and fash CCTV photographs before and after the crime of f10;

1. Tracking and investigating the suspect's escape (28,35);

1. Comparison between the taxi and operation record table, one copy of the data on taxi GPS, the current status of the movement of the suspect ki○ call taxi, and Kim○-○ base station for the place of ki○ call taxi riding;

1. Data on the details of the use of ○○○ Entry or Departure, and g○○ (main week) ○○;

1. Videos related to opening of the credit cooperative of the victim, the list of personal information related to the victim's transmission ○○○, copies of written judgment, opening of the credit cooperative and photographs of contents (cash 100 million won);

1. 00G 00- 0G 00- 0- 144 of the total number of telephone calls of 00, 00 G 00, 00- 00, 30G 1 of the mobile phone calls of 0, 00-1 of the mobile phone calls of 0, 30G 1 of the total number of telephone calls of 0, 00, 30G 1 of the mobile phone calls of 0, 30, 6G 1 of the mobile phone calls of 0, 35, 365, 67, 36, 65, 65, 66, -2 of the Telecommunications calls of 0, 30, 60, 60, 60, 60, 60, 60, 60, 60, 60, 60, 60, etc.

(2) ○○○○○○○○○ cell phone number - 00 x 00 x 00 x 00 x 64 x 2, 00 x 00 x 1 x 00 x 00 x 00 x 00 x 1 x 00 x 1 x 00 x 1 x 00 x 00 x 1 x 00 x 1 x 00 x 1 x 00 x 1 x 1 x 00 x 1 x 00 x x 1 x 1 x 1 x 00 x x - 0 x 0 x 1 x 00 x 1 x

1. The details of deposits in and out of the deposit account at Kim○○ and Ski○○○○○○○○○○○○○○○○○○○○○○, Kim○○○○, Kim○○○○, and Kim○○○○○○○○, the details of transactions in and out of the bank, the details of deposit transactions between Kim○○ and the largest○○○○○○○○ Bank, a copy of the passbook, the details of bank transactions in 000 - 00 - 00 - 0000 - 00000), a copy of the passbook, the details of bank transactions in ○○○○○○, a copy of the data on bank deposits, a copy of the statement of payment in and out of loans, a copy of the bank account transactions in the name of ○○○○○, a copy of the abstract bank account transactions in and out of the name of ○○○○○○○, and a copy of the bank account transactions in Korea on November 1, 1900.

1. Yellow and video CDs in the real event of homicide;

1. Examination of the plan of 00 and its neighboring commercial area; 2. Examination of the report on the deletion of computerized data, request for the formulation of an urban management plan, request for return of computerized data, report on the implementation plan [207 and 215]; 3. Examination of the conclusion of the contract for the change of services (commercial area) around the mountain area; 4. Reporting on the alteration of the existing and neighboring commercial area; 2. Examination of the change of the existing and neighboring commercial area; 4. Reporting on the alteration of the existing and neighboring commercial area (commercial area; 2. Reporting on the alteration of the existing and neighboring commercial area; 3. Reporting on the alteration of the existing and neighboring commercial area; 4. Reporting on the alteration of the existing and neighboring commercial area; 1. Reporting on the alteration of the existing and neighboring commercial area (commercial area); 1. Reporting on the alteration of the existing and neighboring commercial area (commercial area); 2. Reporting on the alteration of the existing and neighboring urban management plan; 1. Reporting on the alteration of the existing and neighboring commercial area (commercial area);

11. Minutes of the Gangseo-gu Council of Welfare Construction Committee, minutes of the Gangseo-gu Council of Welfare Construction Committee on February 14, 201, minutes of the Gangseo-gu Council of Welfare Construction Committee on February 1, 2012, minutes of the Gangseo-gu Council of Welfare Construction Committee on February 1, 2012, bills of the Gangseo-gu Council of Welfare Construction Committee on April 3, 2013, bills of partial amendment of the Ordinance on Seoul Metropolitan Government Ordinance on Urban Planning Ordinance on April 22, 2013, partial amendment bills of the Ordinance on Urban Planning Ordinance on April 22, 2013, minutes of the Self-Governing Planning Management Committee on April 22, 2013, minutes of the Self-Governing Planning Management Committee on September 2, 2013, minutes

1. Four copies of the letter in the g○○ preparation, a list of entry capital, and the result of the case inquiry, CCTV video CDs, and the original copy;

1. 수사보고 [ 범행 전 이동경로 확인, 발생장소 CCTV 분석 관련, 피의자 예상 이동경로에 설치된 CCTV 등 수사, 피해자 사무실 주변 CCTV 영상 탐문수사, 용의자 도주로 CCTV 분석 수사, 피해자 사무실 금고 문 개방 관련 자료 확보, 피해자 송○○ 관련자 인적사항 첨부, 샤워실 쪽 작은방 금고 개방, 피의자 신발 특정 관련, 피의자 복면이 벗겨진 모습 사진 첨부, 범행에 사용한 전기충격기 관련, 피의자 택시 하차지점 CCTV 수사 및 손도끼 수거 관련, 팽○○ 출입국현황 첨부 관련, 팽○○이 이용한 ○○항공 여행사 관련, 금강약동 찜질방 매점 탐문 수사, 범행 전 금강찜질 방까지 승차한 택시 GPS확인 관련, 용의자 범행 전 · 후 행적에 대한 CCTV 수사 , 범행도구 ( 전기충격기 ) 등 발견경위 관련, 피의자 특정, 금융계좌추적용 압수영장 신청 관련, 김○○ 휴대폰과 선불폰 기지국 대조 분석, 인천콜 압수수색 검증영장 집행관련, 압수수색검증영장 집행 관련 ( 103, 111 ), 각 금융사 압수수색검증영장 집행 관련, 010 - 0000 - 0000 선불폰 충전내역 확인, 피의자 팽○○ 범행 전 사전답사 확인 , 불에 타고 남은 전기충격기 관련, 팽○○의 중국 휴대전화 상대통화 공중전화 주변 CCTV 확인, 피의자 핸드폰 분석결과 보고, 압수된 휴대폰 번호 확인 보고, 피의자 팽○○이 피의자 김○○의 보좌관 김○○와 연락한 사실 확인, 피의자 팽○○이 " 뿌리오 " 사이트에 가입한 사실 확인, 강서경찰서 유치장 입감자 명단, 신○○ 명의 시티은행 계좌 및 이○○ 명의의 국민은행 계좌 첨부, 피의자 팽○○, 조○○, 박○○ 등이 카카오톡으로 주고받은 메시지 확인, 유치장 CCTV 녹화영상 확인, 형사과 강력2팀 사무실 CCTV 확인, 참고인 조○○ 연락처 변경 등 보고, 이○○ 휴대폰 분석 결과 중 피의자 팽○○과의 카카오톡 첨부, 이○○ 휴대폰 ( 010 - 0000 - 0000 ) 에 대한 경찰 휴대폰 분석 결과 중 ' 명품남 010 - 0000 - 0000 ', ' 명품남 010 - 0000 - 0000 ' 과 카카오톡 수신 · 발신 내역 일체, 참고인 이○○ 핸드폰 임의제출 관련, 통신 가입상황 확인, 피의자 팽○○ 중국 도피 전까지의 피의자들간 통화내역 정리, 피의자 김○○ 사용 휴대전화 복구내용 발췌보고, 피의자 팽○○ 휴대전화 복구 메모 관련 보고 , 피의자 김○○ 사용 휴대전화 복구내용 발췌보고2, 박○○ 통화내역 확인 보고, 피의자 팽○○이 피해자 및 그 가족과 통화한 내역 없음 확인보고, 김○○ 명의 ' 010 0000 - 0000 ' 핸드폰 발신내역 첨부, 임○○ 명의 ' 010 - 0000 - 0000 ' 핸드폰 발신내역 첨부, 김○○ 명의 ' 010 - 0000 - 0000 ' 핸드폰 발신 내역 첨부, 피의자 팽○○의 핸드폰 발신내역 첨부, 김○○ 명의 ' 010 - 0000 - 0000 ' 핸드폰 발신 내역 첨부, 86 - 132 - 0000 - 0000번 · 86 - 134 - 0000 - 0000번에 대한 통신사실확인자료제공요청 허가 청구 필요, 이○○ 사용 010 - 0000 - 0000 대검 모바일 분석 결과, 2013. 3. 경 010 - 0000 - 0000. 010 - 0000 - 0000 국제통화 내역 확인, 아이즈비전 담당자 통화 보고, 2014. 4. 경피의자들간 통화내역, 피의자 팽○○ 사용 86 - 131 - 0000 - 0000 통화내역, 통신사실확 인자료 요청 회신자료 첨부, 팽○○ 처 조○○ 핸드폰 분석결과 회신, 피의자 김○○이 사용한 것으로 추정되는 공중전화 번호, 복구된 피의자 김○○ 사용 휴대전화 카카오톡 대화상대방 전화번호 확인, 조○○ 사용 010 - 0000 - 0000 모바일 분석 결과 중 카카오톡 일부 첨부, 조○○ 휴대폰에 저장된 김○○ 연락처 · 통화내역 확인, 피의자들 사용 휴대폰 사용시기 등 정리, 출국 전 피의자들 상호 통화내역 횟수 확인보고, 출국 후 피의자들 상호 통화내역 횟수 확인 보고, 카카오톡 · 문자메시지 · 복구된 휴대폰 메시지를 시간순으로 정리 ]

1. An investigation report (Inception - one copy of the call details from March 7, 2014 to May 16, 2014; one copy of the call details from March 7, 2014 to the date of May 16, 2014; one copy of the abstract data from the call details of public telephones and general telephones; one copy of the abstract data from the call details; one copy of the abstract data from the call details; one of the remitted data from the call details to the suspect to the suspect to the suspect to the suspect to ○○○); and the confirmation of contact details by a Chinese correctional officer

Application of Statutes

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

A. Defendant ki○○: Article 250(1) of the Criminal Act.

B. Defendant Kim ○: Articles 250(1) and 31(1) of the Criminal Act.

1. Confiscation;

Defendant ki○: Reasons for sentencing under Article 48(1)1 of the Criminal Act

1. Defendant galk○

(a) The scope of punishment by law;

From 5 years to 30 years of imprisonment;

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Type] homicide motive for homicide (Type 3)

[Special Convicts] Reference homicides and cruels Act (each aggravated element)

[Scope of Recommendation] The term of imprisonment with prison labor for not less than 18 years or imprisonment for life for not less than 18 years

(c) Determination of sentence;

25 years of imprisonment;

The Defendant committed the instant crime of murdering the victim upon the request of Kim○○, a cause of the birth-friendly interest and the death of the victim.

Although the Defendant did not have any relation with the victim, and even if he did not know the victim, the Defendant was demanded by Kim○○ to exempt the Defendant from the existing loan obligation to the Defendant, and thereby murdered the victim in response to this demand. Even if Kim○○ requested the above request as a result of the exemption of the obligation, considering that the contents of the request are 'homicide', the Defendant would have been 'homicide', the Defendant would have been able to refuse the request and make efforts to correct the erroneous thoughts of Kim○○. Nevertheless, the Defendant eventually accepted the demand by Kim○○○, and went back to the crime of murdering the victim.

The Defendant murdered the victim's head at a large number of times, and the method of murdering the victim is also very cruel.In the context of CCTV, the victim resisted with the face of murder, and the victim resisted resistance to live from attack at the beginning of the crime. The Defendant appears to have only been able to commit an intermediate crime after the commencement of the crime. However, the Defendant murdered the victim by electric shock devices and hand.

Due to the criminal act of the defendant, the victim has lost the most severe neck, and the family members of the victim who lost her husband or father have also lost her husband and her father have also fallen into the knive and token pain.

Although the Defendant did not actively receive the demand of Kim○○ from the beginning, but rather continued to commit the crime through the pressure of Kim○○○’s Kim at least several times, there are favorable circumstances such as the motive, process, means and method of the crime, circumstances after the crime, the circumstance after the crime, the result of the crime, suffering of the victim and his/her bereaved family members, etc., in full view of all these factors, the Defendant may not be sentenced to heavy punishment.

2. Defendant Kim○-○

(a) The scope of punishment by law;

Life imprisonment

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Type] homicide motive for homicide (Type 3)

[Special Convicts] Reference homicides and cruels Act (each aggravated element)

[Scope of Recommendation] Imprisonment with prison labor for not less than 18 years or imprisonment for life (no person who is a general person)

(c) Determination of sentence;

Life imprisonment

The Defendant committed the instant crime of aiding and abetting g○○ to murder the victim.

The defendant, as a Si council member, received KRW 520 million from the victim's request for the correction of land use, and could not cause the change of use after receiving KRW 520 million from the victim's request for the correction of land use, and when such facts are revealed, he/she could lose his/her right to life as well as being subject to criminal punishment, etc., and caused the victim to kill him/her.As the defendant's act of receiving large amount of money by accepting the victim's request is highly likely to be subject to criticism, the murder of the victim as a result of the failure to accept the request is impossible from the normal person, and cannot be paid for any reason.

Along with the fact that it is difficult for the Defendant to find it difficult to do so, the Defendant continuously lent money of KRW 0,000,000 to ki○○ to have ki○○ to kill the victim. The Defendant did not simply have ki○○○ to have ki○ do so, but rather, had ki○○ take a photograph of the victim in advance, and ki○○ asked him/her to visit the scene of the crime along with the place of the crime, and issued an order by setting up a plan to kill the victim by clearly gathering the method of murder, such as identifying the victim’s identity, informing the location of CCTV, etc., and allowing him/her escape to China after committing the crime. Furthermore, the Defendant forced ki○○ to continuously commit the crime by communicating with ki○○ and spophones, etc., which are not easy to proceed with the crime.

The method of having the Defendant murdered the victim is also very cruel. The Defendant purchased the handbags and electric shocks, etc. for committing the crime, and made the Defendant murdered the victim by using it.

After the case, the victim's children reported the contents of the defendant in the daily register prepared by the victim to prepare for the defendant. The defendant, by causing the victim to kill the victim in the above-mentioned relationship, caused a huge pain to the victim and his family members.

Furthermore, even after committing the crime, the Defendant does not completely repent of his mistake. The Defendant did not act to seek a letter to the victim or his/her family members, as well as only demanded flick○ to commit suicide even after the arrest of flick○.

In full view of these circumstances, it is necessary to impose heavy punishment corresponding to the mistake on the defendant.

jury verdict and sentencing opinion

1. A verdict of guilt and innocence by Defendant Kim○-○

- "guilty": 9 persons (for a jury only)

- Not guilty: 0 persons

2. Opinions on the sentencing of Defendant Kim○-○

- Two jurors: Death penalty

- Five jurors: life imprisonment

- One juror: Imprisonment for 30 years;

- One juror: Imprisonment for 20 years;

Judges Park Jong-young 1

Mental-gu

Gyeongokok

1) Defendant ki○’s name account: around April 4, 2012: KRW 13 million with an account in the name of ○○ around April 4, 2012; KRW 1 million with an account in the name of ○○ around August 29, 2012;

around September 15, 2012, 300,000 won with an account under the name of Yang○○ on September 15, 2012, 300,750 won with an account under the name of Yang○○ on September 18, 2012, and the name of Yang○ on September 21, 2012

750,000 won with an account of 5 million won, 2 million 750,000 won with an account under the name of ○○ around September 25, 2012, and 180,000 won with an account under the name of ○○ around December 21, 2012;

around January 11, 2013, 100,750,000 won with an account under the name of Yang ○○○, 1.8 million won with an account under the name of around January 25, 2013, and 1.8 million won with an account under the name of Yang ○○, around February 18, 2013;

around February 26, 2013, 300,000 won with the account under the name of Yang○○, around February 26, 2013, 80,000 won with the account under the name of the largest○○ on March 15, 2013, and around April 9, 2013.

1.20,000 won with the largest account under the name of ○○, 1.2 million won with the account under the name of ○○ around April 22, 2013, and 700,000 won with the account under the name of ○○ around April 25, 2013;

around May 6, 2013, 250,000 won with the largest account under the name of ○○ on May 6, 2013, 3 million won with the account under the name of ○○ on May 29, 2013, and the account under the name of ○○ around June 25, 2013.

Ro-ro 1.5 million won, 2 million won with the account in the name of the largest○○ on July 29, 2013, and 1.6 million won with the account in the name of the largest○○ on August 21, 2013, 1.6 million won with the account in the name of the largest○○ on August 21, 2013, and the maximum on August 28, 2013.

○○ KRW 800,000 with an account under the name of ○○, KRW 545,600 with an account under the name of ○○ on December 5, 2013, KRW 800,000 with an account under the name of ○○ around December 9, 2013,

5 million won with an account under the name of ○○ on December 17, 2013; 300,000 won with the account under the name of ○○ on February 12, 2014; and 300,000 won with the account under the name of ○○ on February 14, 2014;

-ro 800,750,000 won, 2 million won with an account under the name of new ○○ on February 19, 2014, and one million won with an account under the name of new ○ around February 19, 2014.

Cash: KRW 10,500,000 for around 2012, KRW 3 million for temporary absence;

2) The number within the overall defense means the sequence of evidence.