(영문) 서울중앙지방법원 2018.10.5. 선고 2018고합616 판결

A person who has requested an attachment order shall be ordered to attach an electronic tracking device for 20 years. The matters to be observed in the attached Form shall be imposed on the person who has requested the attachment order. The request for the probation order is dismissed

Reasons

Criminal facts and the facts constituting the attachment order

【Criminal Power】

The defendant and the person against whom the attachment order was requested and the person against whom the probation order was requested (hereinafter referred to as "defendants") have been sentenced to imprisonment with prison labor on May 18, 2017 and the Seoul Southern District Court sentenced eight months for attempted larceny, etc., and completed the execution of the sentence on January 13, 2018.

【Criminal Facts】

around March 2018, the Defendant developed into a relationship with the victim B (n, 35 years of age) who became aware of in the course of engaging in entertainment establishments, and began living with the victim at the home of the victim in Seoul Jung-gu, Seoul, and continued living with the victim for about three months, while living with the defendant for about three months, it was allowed that the income, which the defendant was punished, will be entrusted to the whole victim as living expenses, etc.

1. Special intimidation;

On April 27, 2018, as a matter of dispute B’s intending to come into an entertainment drinking house math from B’s house, the Defendant saw B’s friendly arrest victim D (at the age of 37) as seen earlier, he saw B as being at the time of A’s own criminal defendant’s scambling, she would be scambling, so I would like to disregard her, and her mind that B would like to disregard her, and her cambling off, which is a dangerous object of scambling, and her knife and her knife, her knife knife knife knife knife knife knife knife knife knife knife knife knif.).

Accordingly, the defendant carried dangerous objects and threatened the victim D.

2. homicide;

At around 02:07 on June 1, 2018, the Defendant discovered that the victim B had a cell phone talked with other male and female, followed the relationship between the victim B and the male, and had the victim B talked with the other male, and had the victim B talked about murdering the victim B by breaking the defendant's senscing with the latter. Then, the Defendant was able to kill the victim B by gathering a kitchen knife in the scke at the scke, and 10 minutes back to the victim B. Then, the Defendant got the victim B with a knife in the knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knif.

Accordingly, the defendant murdered the victim B.

3. Larceny;

The Defendant stolen, at the time and place of the above 2. A mobile phone owned by the victim B and a mobile phone case owned by the victim B, immediately after murdering the victim B at the victim’s location, the Defendant stolen, with three credit cards (G, H, and I) in the victim’s name, one probane margin on the victim’s own, one driver’s license in the name of the victim and one copy of the corporation card in the name of F, and three credit cards (G, H, and I) in the victim’s name.

4. Fraud or violation of the Specialized Credit Finance Business Act;

On June 1, 2018, around 02:24, the Defendant presented H of Jongno-gu Seoul, Jongno-gu, Seoul, as seen in the foregoing 3. paragraph, to a taxi engineer with no name, and paid 4,500 won of taxi fares from around 02:24 to 05:00 of the same month, as indicated in the separate list of crimes, and paid 6,826,340 won in total over 24 times from around 05:0 of the same month.

Accordingly, the defendant, by deceiving the victim's chain store owners, acquired property benefits and used stolen credit cards illegally.

In light of the motive, method, circumstance, etc. of the crime, the Defendant is likely to repeat the murder crime in light of a person who committed the same crime as described in paragraph (2), and the motive, method, circumstance, etc. of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Protocol of inspection;

1. Data on suspect appraisal;

1. Legal chemical appraisal report and gene appraisal report;

1. Sending data received by an electronic device subject to attachment;

1. G seizure data and data on the details of cards;

1. Investigation report (where a suspect has abandoned a victim's examination and color seizure), investigation report (where he/she has reported the victim's internal investigation), investigation report (related to CCTV images of the KK building that is a criminal scene), investigation report ( immediately before and after committing the crime), investigation report (related to CCTV in the vicinity of the place where the victim has been abandoned), investigation report (related to CCTV in the vicinity of the place where the victim has been abandoned), investigation report (related to the details of settlement of the victim's card), investigation report (related to the details of settlement of the victim's card), investigation report (related to the statement of the victim's letter), investigation report (subject to evidence related

1. On-site inspection photographs and verification photographs of victim B bodies;

1. Data from CCTV on-site images;

1. Previous records of judgment: A investigation report, repeated records, criminal records, and other references;

1. The risk of recommitting the crime of homicide in the judgment: In full view of the Defendant’s age, character and conduct, environment, the background and method of the crime, the circumstances before and after the crime, etc., the Defendant may be deemed to pose a risk of recommitting the crime of homicide in light of the following circumstances revealed by the evidence as seen earlier, a reply request for investigation

(1) The Defendant, as described in paragraph (2) of the facts constituting a crime in its holding, murdered 145 times in total by a victim B, and the result of the crime is grave and harsh.

② On July 21, 2011, the Defendant was sentenced to imprisonment with prison labor for rape injury by the Incheon District Court for two years and six months, and the attachment of an electronic device at the time of the instant case, but committed another crime. In light of the Defendant’s attitude toward the surrounding people, the Defendant appears to have a tendency to engage in shock, shock, and attackive behavior without controlling his behavior.

③ As a result of the adult evaluation of the risk of recidivism (KORAS-G) and the comprehensive evaluation of the risk of recidivism based on the results of the evaluation of the PC-R for mentally ill persons (PCL-R), the investigator who conducted the investigation before the claim stated that "the defendant is considered to require strong supervision and supervision to prevent further recidivism in the future through the installation of an electronic tracking device for a long time, and to prevent other victims from occurring."

Application of Statutes

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

Articles 284 and 283(1) of the Criminal Act (special intimidations, choice of imprisonment), Article 250(1) of the Criminal Act (homicides, choice of limited imprisonment), Article 329 of the Criminal Act (the commission of larcenys, inclusive) of the Criminal Act, Article 347(1) of the Criminal Act (the commission of each fraud, choice of imprisonment), Article 70(1)3 of the Specialized Credit Finance Business Act (the commission of each credit card and each credit card), Article 70(1)3 of the Specialized Credit Finance Business Act (the commission of each theft and theft

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (within the limit of proviso of Article 42 of the Criminal Act with respect to murder at the time of sale)

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2 and 50(a) of the Criminal Act (aggravating concurrent crimes within the scope of proviso of Article 42 of the Criminal Act)

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

1. Reasons for sentencing under Article 5(3) main sentence of Article 5(1), Article 9(1)1, Article 9-2(1)1, Article 2-2(2), 3, and 5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter referred to as "Act on the Electronic Monitoring, etc. of Electronic Devices");

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

A. Crimes of murder in judgment

[Determination of Punishment] Type 2 (Ordinary homicide) homicide

[Special Aggravations] Aggravations: Cruel methods of crime

[Recommendation Area and Punishment] Aggravation, 15 years or more of imprisonment, more than arms

B. Crimes of special intimidation in the holding

[Determination of Punishment] Types 4 (Habitual, Cumulative, Special Intimidation)

【Special Convicted Person】

[Recommendation Area and Recommendation range] Basic Area, Imprisonment with prison labor from six months to one year and six months.

[Determination of thief] Type 2 (General thief) for thief in general property

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(d) Each crime of fraud in its holding.

[Determination of Punishment] General Fraud (less than KRW 100,00)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

(e) Violation of each Specialized Credit Finance Business Act: No sentencing guidelines are set;

(f) Scope of recommendations according to guidelines for handling multiple crimes;

Since the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, the sentencing criteria for the crimes of murder shall be set at the lowest limit of the punishment, and the minimum limit of the sentencing range shall be set in the sentencing criteria for the crimes of murder)

3. Determination of sentence;

While the Defendant was in a dispute, the kitchen knife the kitchen knife with the kitchen knife with the victim B, and the victim B continuously used in the future, but murdered 145 times in total with the body part of the body, such as face, hair, hair, arms, clothes, and legs. As a result of these crimes committed by the Defendant, there was a result that the victim was unable to take care of the minor life above all, and it seems that the victim was suffering from suffering from the death of the victim due to the cruel criminal method. The bereaved family who lost his/her father has suffered a serious mental shock and pain due to the Defendant’s criminal act, and he/she has to live with such a scife with the lifelong pain and pain in the future.

After committing murder as above, the Defendant acquired pecuniary benefits of KRW 00,000 by stealing the credit card, etc. of the victim B, and illegally using it, and also threatened the victim B with excessive intimidation, which is a dangerous object, one month prior to murdering the victim B.

Before committing each of the crimes of this case, the Defendant already committed several criminal offenses of the same kind (i.e., theft, fraud), previous criminal records (ii) and previous criminal records (iii times of suspension of execution, two times of fines), and previous criminal records (in particular, five times of fines). The Defendant, who was sentenced to imprisonment with prison labor, location tracking device attachment order, etc. as a result of rape injury, committed an attempted larceny during the course of committing the crime, etc., and the Defendant began to commit each of the crimes of this case even before four months have passed since the Defendant was released from prison, even though he had been sentenced to imprisonment with prison labor due to the crime of rape and location tracking device attachment order, etc., and began to commit each of the crimes of this case before the lapse of four months after the Defendant was released from prison. The Defendant did not commit a crime even though having undergone multiple correctional procedures from the youth to the time of this case, which led to the extreme crime of murder, and thus, was sentenced to a short imprisonment with prison labor.

Considering the above circumstances comprehensively taking into account the following circumstances, including the age, character and conduct, environment, family relationship, and the scope of recommended sentences based on sentencing guidelines, it is inevitable to isolate the defendant from society for a long time, even if the defendant voluntarily reports his/her criminal act to an investigative agency and reflects his/her depth on each of the crimes of this case. Thus, the punishment as ordered shall be determined as follows.

Judgment on the Request for Probation Order

1. Summary of request;

In addition to requesting an attachment order of an electronic tracking device, the prosecutor also requested probation order after the completion of the sentence prescribed in Article 21-2 (1) 3 of the Electronic Monitoring Act on the ground that the defendant is likely to recommit the murder crime in light of the motive and method of the crime, the background of the crime, the violence of the defendant, the idea of life and vision, etc.

2. Determination, as seen earlier, the Defendant ordered the attachment of an electronic tracking device for 20 years. A person ordered to attach an electronic tracking device is obligated to be put on probation under the Act on Probation, Etc. during the period of attachment under Article 9(3) of the Electronic Monitoring Act, and it does not seem necessary to separately order the Defendant to put on probation.

Therefore, the request for probation order of this case is dismissed in accordance with Article 21-8 and Article 9(4)1 of the Electronic Monitoring Act on the ground that it is not reasonable.

It is so decided as per Disposition for the above reasons.