2019Gohap116,194 (Joint), death, bodily damage, dead body concealment.

A

Lee Jae-woo, Kim Jae-sik, Lee Jae-in, Lee Jae-in, and Korea Promotion (Public Trial)

Attorney B

February 20, 2020

Defendant shall be punished by imprisonment for life. Of the facts charged in the instant case, the charge of murdering C shall be acquitted. The summary of the judgment on the acquittal shall be published.

Criminal facts

【Criminal Conductor】

The Defendant: (a) married on or around June 11, 2013, and given birth to E on or around November 2014; (b) began to move away on or around June 2016; (c) the victim filed a lawsuit claiming a divorce against the Defendant on or around November 2016 due to the Defendant’s assault, self-harm, etc. at Jeju District Court; (d) the Defendant filed a counterclaim against the victim on or around March 9, 2017, on or around 10 days before the aforementioned court’s resolution to divorce; (e) the victim and the Defendant decided to divorce from 10,000 won to 60,000 won to 70,000 won to 70,000 won to 10,000 won to 20,000 won to 20,000 won to 7,000 won to 7,000,000 won to 7,000,000 won to 7,000.

However, from July 2017 to July 14, 2017, the defendant refused the victim's request for visitation right to E in the above divorce process. From around July 2017, the defendant did not take a director in his/her residence and did not complete the division of property. The victim's request for visitation right with E has been continuously refused with the victim's view to the conflict with the victim. The victim, who was unable to neglect such situation, filed an application with the above court for fulfilling the visitation right to attend the above court around October 30, 2018, and the defendant did not comply with the above court's request for attendance over 3 times in total on 20th of the same year, and the defendant did not comply with the above court's request for attendance on 10th of the same year, and the defendant did not appear at the court's meeting on 20th of the same year and proceeded with the court's request on 20th of May 19, 2019.

However, the Defendant did not show a life-long E to the victim who was the object of misunderstanding in the divorce process, thereby suffering a decentralization that his decision would no longer continue due to the victim’s legal response. On the other hand, if a periodic interview is held in the future, the Defendant would cause a situation in which the current husband, who was aware of Ha, would have as her husband, inform Ha of the victim’s friendship. As a result, this would eventually lead to a strong crisis that the plan to raise Ha without any other obstacles, as the son’s son, would inevitably collapse. In addition, the Defendant disputes frequently with H after the said H’s marriage. In particular, around March 2, 2019, around March 2, 2019, it is evident that H would have caused the victim’s death through repeated interview or repeated interview in the future, and that it would have caused the death of the victim and the body of the victim.

【Preparation for the Defendant’s criminal conduct】 From May 10, 2019 to the 16th of the same month from May 2019, the day after the process of the above conciliation, the Defendant searched two smartphones used by the Defendant and the Internet installed in the dwelling area of the Defendant located in the Cheongju-si Apartment apartment J, with a computer connected to the Defendant’s dwelling area located in the Cheongju-si Apartment-gu Apartment-gu Apartment-gu Apartment-gu apartment, “strokem, kidm, large capacity mixing, Jeju stren-kack, Jeju string-kacks, hem, K deck, K deck, Kim Vin-kin-kin-kin electric shock, nic credit shock, nicotine-bin-kin-kin, and Jeju blab, etc., with a view to searching the victim on the Internet, and then covering various criminal tools and places to destroy and conceal the body.

이에 따라 피고인은 2019. 5. 16. 16:09경 피고인의 차량인 L 그랜저 차량을 배에 싣고 완도에서 제주로 이동하기 위해 (주)M에 완도 제주 간 여객선 승선 및 차량 선적을 위한 예약을 마치고, 2019. 5. 17. 13:05경 범행 장소로 물색한 CCTV가 설치되어 있지 않은 무인 단독 키즈펜션인 'N' 펜션(이하 '이 사건 펜션'이라고 한다)을 2019. 5. 25.부터 같은 달 27일까지 2박 3일 동안 이용하기로 예약을 완료한 다음, 같은 날 17:11경 위 피고인의 주거지에서 약 18km 떨어진 충북 청원군에 있는 00 의원을 내원하여 감기약 5일치분과 졸피뎀 성분이 들어있는 수면제인 졸피드 7정을 처방받아 곧바로 위 의원과 같은 건물 1층에 있는 OO약국에서 위 감기약과 졸피드 정을 구입하여 이를 피고인의 분홍색 파우치 안에 보관하고, 같은 날 밤 무렵 위 그랜저 차량을 운전하여 전남 완도군 완도읍 군내리에 있는 완도항으로 이동한 다음 2019. 5. 18. 02:30경 완도항에서 제주항으로 출발하는 여객선인 K에 위 차량을 선적한 후 승선하여 같은 날 오전 무렵 제주에 입도하였다. 그 후 피고인은 2019. 5, 20. 17:26경 피고인이 사용하는 0 스마트폰을 이용하여 피해자에게 "25일 제주에서 만나자~~ 마침 제주일정 늘어나서 제주에서 보는게 E이한테 더 좋을 것 같다 괜찮지? 어디 갈지 고민해봅시다"라는 내용의 문자메시지를 발송하여 당초 청주로 예정되어 있던 1차 면접교섭 장소를 제주로 변경하는 한편, 같은 날 인터넷을 통하여 휴대용 가스버너 1개, 몰카패치 1개, 선학 스텐 들통(곰솥) 2개, 핸드믹서기인 블렌더 도깨비 1개를 주문하여 이를 피고인의 친정인 제주시 P에 있는 Q아파트 R호로 배송해 줄 것을 요청하였다.

On May 22, 2019, the Defendant continued to visit the main points of Trine in Jeju S on May 2, 2019, at Jeju, to kill the victims, such as LLC (e.g., kitrus) and kins, kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and dins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins and kins.

After completing the preparation for committing the crime, from around 11:36 on May 23, 2019 to around 11:41 on the Internet using the above 0 smartphones, the Defendant last searched the contents of “the purchase of 10m, stroke, and stroke-mm” on the Internet, and then sent W, a university’s original book, in accompanying with E at V located in U in Seopo-si, Seopo-si, for the same day, at around 23:26 on May 24, 2019, the Defendant visited the above pro-Japanese at the same time on May 20, 2019, and received goods delivered to the above-friendly relationship with him/her on the Internet, and stored it in the above franchise vehicle (the murder).

On May 25, 2019, at around 11:26, the Defendant sent the victim, who has boarded vehicles in the Y parking lot X located in Seopopo City X, from May 25, 2019 to around 15:10 of the same day, with E, and the Defendant loaded the above franchise vehicle along with E, and the victim boardeded the above franchise vehicle to AAmate in Jeju City, and moved the above Zeaeae to the victim, at around 16:25 on the same day, he purchased the non-flue, non-fluor, 1, non-fluor, fluor, fluor, fluor, fluor, and fluor, and then purchased the non-fluoring vehicle in the Yae-si, and then, the victim's fluore vehicle was installed in the above fluore parking lot, and entered the victim's vehicle with the victim at around 17:202 on the same day.

The Defendant: (a) diced food, such as a knife, which had been prepared for the use of the pent, around the same day; (b) caused the victim to drink it; (c) around 20:02 of the same day, the victim, who finished the last call with her dice medication, led the victim to a congested state where the dice spread and the body of the victim was not properly accumulated and the mental health was not congested; (d) from around 20:10 to 21:50 of the same day, the Defendant allowed the victim to play a mobile phone game; and (e) allowed the victim to keep the victim’s body in front of the above knife with the victim’s body, such as the victim’s knife, kitchen, cell, and entrance, which had been in possession of the inside of the pent; and (e) continued to keep the victim’s body out of the cell with the victim’s body being scired by cleaning the victim’s body.

On May 26, 2019, the Defendant: around 00, 1: 1:00, operated the instant cellphone and the penter vehicle, and left E, and returned to the above penter; around 12:24 on May 27, 2019, the Defendant kept the victim’s body in front by using the instant gate saw to the extent that the Defendant would be able to remove the victim’s body at his own expense, and then cut off the victim’s body without using the same gate to the extent that the Defendant would be able to remove the victim’s body from the instant penter, and then removed the victim’s body from the instant 1:6th day after the Defendant’s use of the aforesaid penter vehicle to remove the victim’s body within the instant pentered 1:6th day after the Defendant’s use of the victim’s body, and then divided the victim’s body into 1:6th day after the Defendant’s use of the victim’s body within the instant penter.

On May 28, 2019, from around 00:37 to 01:30 on May 28, 2019, the Defendant, while staying in AC using the above 0 smartphones, searched on the Internet the contents of the "TAtop", "Ttop", etc. using the above 0 smartphones, and then, around 1:28 on the same day, requested the Defendant to deliver it to AE apartment AF, Kimpo-si, which is separately owned by the Defendant's friendship.

At around 13:00 on the same day, the Defendant: (a) purchased five white and white white bags (4 pages for renunciation 15) and one mersh washing machine at the main shop of the Tmat on the same day; and (b) purchased the body of the Defendant, at around 18:43 on the same day, in the main shop of the AHte located in the Jeju-si, Jin Capital (6cc, vertical length, 66cc, width 4cc, depth 25.5.cm), 50 litres of plastic bags, 50 litres of 50 litres of plastic bags, 50 litres of plastic bags, and 1 packaging and moving the body of the Defendant.

The Defendant stopped the Defendant’s franchise vehicle at the parking lot near the 6th head of Jeju-si, Jeju-si, Jeju-si, and moved part of the victim’s body contained in two or more kinds of vehicles into the color glock, and then passed the above glock with the above glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock glock at around 20:30 on the same day, and loaded the above vehicle at around 19:48 on the 20:0 on the same day on the same day on the 20:18th day to the right side of the above glock glock glock gl.

A. On May 29, 2019, the Defendant arrived at the port of 23:25 on the same day, landed with the above sub-car, and passed through the office of the Southern Sea Highway, and arrived at the above AE apartment AF around 04:03 on May 29, 2019, and received the above table table electric bble, delivered to the above apartment at around 12:02 on the same day, at around 13:02 on the same day, he/she driven the above vehicle at the AI located in Bupyeong-gu Incheon; at around 15:14 on the same day; at around 13:3:00 on the same day, he/she purchased at least three small scale bridges installed in the construction site of Gyeyang-gu, Incheon; and at least 1:3:0 on the same day, he/she purchased at least one 3:0 of the victim's body of an apartment within 1:3:0 on the 15:34th day after he/she kept the body of the above A.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of AJ, AK, AL, AM,N, and AO;

1. The first, second, fourth, and fifth police suspect examination protocol against the accused;

1. The prosecutor's statement concerning H;

1. Each police statement made to W with respect to AP (Evidence No. 3, 107), A Q and H (Evidence List No. 69, 138);

1. Stenographic records;

1. Each on-site inspection report (No. 30,105 in the evidence list), results of analysis of the blood trace type; 1. Each appraisal report (No. 239, 241, 243, 245, 247, 281, 283, 292, 294, 296, 298, 337, 341, 347, 349);

1. Application for prior disposition, decision on prior disposition, and mediation protocol;

1. Each photograph (the steam List Nos. 6, 25, 31, 42, 43, 66, 76, 96, 104, 115, 117, 136, 150, 190, 204 and 266);

1. Details of the phone calls of the suspect, details of the phone calls of the defendant, records of the phone calls of the victim and the suspect, text messages between the victim and the suspect, and the result of replies

1. Each medical examination and treatment record (No. 10, 185), each prescription (No. 179, 186, and 257 No. 179, 186, and 257), statement of medicine expenses, and details of each medical care benefit (Evidence No. 254, 285);

1. The details of Internet shopping, each receipt (No. 154 through 156, 162, and 165) 1. Each of the following subparagraphs (No. 2,20) and the result of the comparison;

1. Copy of the meeting register with an arrested or detained person;

1. A written decision, written complaint, written answer, and counterclaim of the Jeju District Court;

1. An abstract of each digital siren analysis data (Evidence No. 47, 49), each digital evidence analysis report (Evidence List No. 110, 217), cell phone search content printed out, and broding records from among digital sirens;

1. Requests for preservation of evidence;

1. Analysis of CCTVs from May 25, 2019 to May 27, 2019:

1. Each protocol of seizure (Evidence Nos. 23, 35, 37, 38, 137, 176, 178, and 264) 1. Each protocol of seizure (Evidence Nos. 13, 14, 16, 18, 21, 24, 27, 41, 44, 58, 60, 62, 73, 73, 81, 89, 95, 97, 103, 114, 118, 125, 135, 142, 149, 153, 199, 203, 205, 225, 267, 286, 299, 369, 305, 360);

1. A voice file recording CD;

1. Application of Acts and subordinate statutes to each video CD (No. 26, 45, 64, 72, 75, 83, 84, 101, 129, 151, 159, 160, 181, 196, 200, 212, 229);

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of life style), Article 161(1) of the Criminal Act (the point of destroying a dead body) and Article 161(1) of the Criminal Act (the point of hiding a dead body)

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (Punishment specified for homicide with severe punishment)

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

A. The Defendant: (a) murdered the victim at the time and place indicated in the facts charged; (b) however, the victim was snife in the snife, during the snife at the snife sc, who tried to commit sexual assault against himself; (c) was fnife with the knife, and did not systematically kill the victim by dilutioning the snife with food such as knife, etc. as stated in this part of the facts charged; and (d) did not detect the snife by the scife in the actual bloods of the victim.

B. At the time, the Defendant searched an entertainment-related news on the screen, and searched the stroke-related searcher, a stroke-type. While preparing for Jeju tour, the Defendant searched the relevant search terms, such as sirens, large-capacity mixing machines, and knife CCTV, on a random basis, and did not directly enter the search terms on the Internet in order to systematically kill, damage, or abandon the body of the victim, and did not purchase goods to be used in committing the crime.

2. Determination

(a) Facts of recognition;

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) The instant pension, which the Defendant promised, is the first floor of the building provided by the Defendant to the users in the form of bonds, and as the end of a dead-end road, there is almost no passage of people other than the pention users, and there are two claters with CCTV installed in the vicinity of the access road, but there is no CCTV at all.

2) On May 17, 2019, the Defendant promised to use the instant pen from May 25, 2019 to May 27, 2019, the visitation negotiation date, and entered two adult two names and one baby as the number of visitors. On the same day, the Defendant informed that he/she, her husband, and her husband, and she were well aware of the total number of sons.

3) The Defendant previously set up a small number of times from Jeju Island to go to and from Jeju Island. On May 17, 2019, the Defendant: (a) decided to load and return a low-income passenger car to and from Jeju Island to and from Jeju; and (b) completed the reservation of a round-down passenger vessel.

4) After that, on May 20, 2019, the Defendant contacted the victim on May 20, 2019, and changed the visitation negotiation place from the Cheongju to the Cheongju. On May 25, 2019, the victim sent E to the Y-2 years, which is the date of the visitation negotiation, around 11:26, May 25, 2019. On the same day, the victim moved to AAAma and finished shopping on the same day, and then moved to the pent. At that time, the Defendant moved the victim who loaded the goods shoppingd on his own car to the gate and moved to the gate of the victim who was parked in the opposite part of the building, but moved the victim who removed the small goods from the victim’s vehicle to the gate.

5) On May 25, 2019, at around 21:25, 2019, the victim sent the victim the AR message “the last end?(the last end?).” At around 22:34 of the same day, the victim sent the victim’s response that “the victim should be charged with the last end of the AR message work (at the last end, must be charged and charged)” and then attempted to contact several AR messages, but the victim reported the victim’s disappearance to the police.

6) On May 26, 2019, the Defendant asked a pension operator on May 26, 2019 whether the pension operator can accommodation more accommodation a day, but there was a schedule of other reservations, which did not change the schedule. On the day of the retirement, the time of the retirement was extended to 11:30 by 11:30 and thereafter, the time of the retirement was extended to 11:30.

7) The Defendant, while lodging together with the Defendant’s family members E and the Defendant’s family members in the Dong-dong of the University, was holding only one package of white glass for travel held in the Cheongju. However, while leaving the pentae in this case, not only the above glass, but also the glass in which two paper glass were moved to the small glass, and reported three paper glass to the glass car, and reported to the glass car, regardless of the glass of the glass of the glass operator. Since thereafter, the Defendant laid down the glass and standard garbage bags purchased on May 20, 2019 and purchased on May 22, 2019 to the glass near the penta in this case. At the time, it was confirmed that the Defendant’s glass and glass of the Defendant’s glass, and attached the end part of the glass and glass.

8) On November 15, 2018, the Defendant purchased saws in the name of H around November 15, 2018, which was used to damage the body of the victim in the instant pen, and was placed on the saws, approximately 22 cm in length of the saws, about 10 cm in width, about 12 cm in height, and about 12 cm in height) and on the ridges between the Defendant’s automobiles.

19) On May 27, 2019, the Defendant, who was laid off from the instant pen, called at the AC on May 27, 2019, changed from the same time to the same time on May 27, 2019, which was scheduled to start from 20:30 on the day, after loading and leaving a vehicle on the same day at around 20:30 on the following day, he moved the vehicle from 23:48 on the same day to the west, and moved the said vehicle by the 14:42 on the following day to the west.

10) 한편 피고인은 면접교섭 당일인 2019. 5. 25. 13:03 경까지도 현 남편인 H와 수차례 AR 메시지를 주고받았는데, 당일 늦은 밤까지 피고인의 연락이 없자 걱정된다는 H의 AR 메시지에 아무런 회신을 하지 않다가 같은 날 22:26경 H에게 "여보 이따 연락할게 재우는 중ㅠㅠ"라는 내용의 AR 메시지를 보낸 이후부터 같은 달 27. 20:57 경 "걱정 말고 시간을 달라. 너무 혼란스럽다. 생각 정리되면 연락하겠다"는 내용으로 연락할 때까지 이틀 가까이 H와 연락을 하지 않은 채 사실상 잠적하였고, 피고인 여동생의 AR 메시지에도 아무런 응답을 하지 아니하였다).

11) On May 27, 2019, after the Defendant left the instant pent, he received treatment, such as disinfection on the heat of fingers and fingers, from the AS regular department located in Jeju on May 15:42, 2019. On the following day, the Defendant visited the same hospital again to receive treatment of sprinking the fingers and knife of the knife and the knife arising from the knife’s day and the knife’s day and the knife’s day and the knife’s day and the knife. from among the items purchased on the 22th of the same month.

12) On May 29, 2019, the Defendant: (a) was designated as a witness of the victim and requested by the police to appear by telephone from the final witness of the victim; (b) was a crime victim who was made obvious that he would be subject to sexual assault from D; and (c) was given a statement from D. D first, D was found. D attempted sexual assault on May 25, 2019; and (d) went back to the gate around 20:00 when he made a statement that he was unable to attend.

13) On May 31, 2019, the police conducted on-site identification of the instant pentine, and as a result of the instant pentine play test, the police discovered a scambling in the living room, the main room, the brick divers, the ceiling, and the scams of electric scams in the kitchen.

14) On June 1, 2019, immediately after emergency arrest, the Defendant taken the upper part of the damaged part of the Defendant’s ship, side bucks, and sold, etc. by requesting the Defendant to photograph and request the damaged part, and on June 10, 2019, the Defendant filed an application for preservation of his body with the court 2019 early 155 against the victim’s knife, where the above wife attempted sexual assault, and the appraiserN filed an appraisal of the Defendant’s body. As a result of appraisal, eight of the parts in the upper part of the Defendant’s body were damaged by an example such as a knife. However, it is highly probable that the above parts might have been damaged by the Defendant’s self-harm or other person’s attack, while the knife might have been damaged.

15) On June 1, 2019, the police: (a) seized the Defendant’s franchise vehicle; (b) requested the appraisal of various inner parts, such as the vehicle’s driver stand; (c) red strings, red strings, electric strings, electric strings; (d) strings; (c) strings; (d) strings; (d) strings; (e) strings; (e) strings; (e) strings; (e) strings; (e) strings; (e) 10 to 20 meters; (e) as a result, 10 to 20 meters of strings; and (e) as a result, 10 to 160 meters of strings; and (e) as a result, 10 to 20 meters of strings were found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found to have been found.

According to the following facts and circumstances acknowledged by the evidence duly adopted and examined by this court, it can be recognized that the defendant committed the murder of the victim as stated in the facts of the crime in the judgment, and it cannot be seen that the victim's sexual assault was killed as a result of any contingency. Thus, the defendant's assertion is rejected.

1) Circumstances in which the ingredients of the stroke are detected by the victim's blood congestion

Among the seven parts (No. 1, 2, 5, 8, 10, and 12) in which the Defendant’s fluorial test reaction was discovered in the Defendant’s fluorial car (hereinafter “this case’s cluorial test”), the part (No. 4) below the left part of the wall where the victim’s genes was detected, and the part (No. 5) south of 30§¯ in the right angle direction above the right angle from the Defendant’s fluorial. Accordingly, the Defendant asserted that the Defendant’s fluorial test was not found in the part where the Defendant’s genes was detected together in the fluorial m (No. 2) and the Defendant’s genes was found in the part where the Defendant’s genes was found in the Defendant’s fluorial m, and thus, the result of the cluorial test cannot be found to be reliable because the cluorial m was not found in the fluorial test.

Furthermore, the size of one side is not small in the shape of a 1-meter rectangular body. The part where the victim's genes and stroke component are detected is far different from the part where the Defendant's genes was detected, and the location of the part where the Defendant's genes was detected is clearly distinguishable from the part where the Defendant's blood substance was detected, as well as the victim's genes and the Defendant's genes should be detected if the Defendant's stroke is found either strokeed or mixed with the stroke, and the Defendant's genes were not detected. The Defendant's genes was not entirely detected, and the Defendant's stroke in the 13 mixeds remaining in the wall of this case, and the Defendant's samples were collected with red strokele and the relevant area was accurately identified, and the Defendant's strokele cannot be seen to have detected all the above ingredients in the area where the Defendant's stroke was found to have been found to have been found to have been found to have been found to have been strokeed or strokeed.

2) Circumstances in which the Defendant was prescribed immediately before committing the crime of strokes containing the strokem ingredients.

A) On May 17, 2019, the Defendant: (a) prescribed about five days (five (five (one-day), dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex dex d

B) The Defendant discovered a powder bag prepared at the above pharmacy at the powder of a flue fluor in a white fluor in Jeju, which was used at the time of the Defendant’s fluoring. The pharmaceutical bag remains for about five days after the Defendant was laid down, while seven stroke stroke stroke stroke stroke stroke stroke strokes listed on the outer side of the pharmaceutical paper were not found.

C) On June 1, 2019, the Defendant was suspected of murdering the victim and voluntarily submitted to the police by finding red scams on June 1, 2019 and being detained in the cell of the police station on June 5, 2019, the Defendant asked the police officer whether the Defendant was red scambling in order to obtain a list of seized articles? The Defendant asked him that scam scamscam in which scamscamscamscamscamscamscamscamscamscamscams and other necessary articles when scamscamscams from Cheongju on June 2, 2019. In light of the fact that scamscamscamscam and scamscamscamscamscams were found to have been scamscamed in the Defendant’s cell, etc., and the Defendant appears to have been scam scamscamscamscam.

D) From May 10, 2019 to June 16, 2019, the following day after the victim’s request was accepted for the implementation of the victim’s visitation, the Defendant searched the victim’s right to contact by directly inputting the search language “satisfm” and searched the victim’s “satisfm”. In order to prevent the victim from resisting or killing the victim, the Defendant appears to have been provided a relatively easy hospital for the victim to satisfm.

E) A strokeed strokes are exempted from the number of ingredients by strokem which has the effect of suppressing strokeing down, and the time taken by healthy adults aged 33.5 on an average of the 33.5 years old have a rapid water surface effect on an average of 21 minutes from the time they were strokeed during a clinical trial to the time they begin to enter the water surface completely.

F) The Defendant, while killing the victim with a knife and knife with a knife, did not have any particular knife in addition to being knifeed by a little knife in that process. It seems that it is difficult for the Defendant, who is a female, which is only in and out of 162cm with a height of 162cm and 50km, could have killed the victim who is a male in knife with a height of 183cm and 80km with a weight of 80km, could have been knife with a knife with a kn

G) Since January 1, 2019, the victim did not have been prescribed by the drug containing the stroke m, and the photograph of the Defendant taken the stroke m of this case, the Defendant appears to have 2 walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk walk, which is difficult to believe in light of the Defendant’s statement.

3) The form of a blood trace found in the pention

A) The instant pen is a structure in which the room, toilet, small room, and fixed room appear on the left side of the written book, and thereafter, a bath room is installed on the corresponding part, and a room is located on the right side in the order of each of the dwelling space and the bank.

B) As a result of analysis of the state and the water remaining in the instant pentle form, the garning room, entrance wall, wall surface from chairss through bathing rooms, duums, and sewage holess, ducts, ducts, ducts, and heavy weight

Many bloods discovered through a broad range of times up to the death of doors, shoess, and the flusiums, the genes of the victim was detected, and the victim was confirmed to be the blood trace of the victim. 14)

C) Most of the blood tracess detected in the instant pen, the main room, and the room appear in the form of a stop blood 15, which appears to have occurred in the Defendant’s knife knife. Since such a knife knife is generated in the process of continuing to cover the victim in a knife with the victim’s blood knife, it is recognized that the Defendant left the same blood knife in the process of covering the victim several times. Therefore, the Defendant’s assertion that the victim has reached the victim a knife in the knife at the knife room is difficult to accept.

4) Circumstances in which the visitation place was changed from Cheongju to Cheongju and the pension of this case was selected as the place of committing the crime

A) On May 25, 2019, the Defendant and the victim agreed to proceed with the primary visitation right for E at the Cheongju on May 25, 2019. The Defendant sent text messages to the victim on May 20, 2019 and proposed to change the place of the visitation to the proposal.

B) However, on May 17, 2019, before sending text messages to the victim, the Defendant had already promised the instant pention located in Jeju for two and three days from the date of the visitation negotiation date. On May 17, 2019, the Defendant promised to load his car and return it to the Jeju port from the complete port to the Jeju port. The Defendant had already entered and was in the Jeju. The Defendant unilaterally changed the place of visitation negotiation from the Cheongju to the Jeju.

C) If the Defendant intended to murder the victim, the first time asserted that the instant pent would not have any reason to select the Defendant as a place to commit the crime, but it is not acceptable to accept this part of the Defendant’s assertion on the following grounds: (a) searching the pentine used solely by the Defendant’s family by searching the instant pentine, such as the Jeju Dampin unmanned, etc.; and (b) checking in advance whether the Defendant’s family was using the pentine only by the Defendant’s family members; and (c) searching the instant pent CCTV, etc. for the pentine, in which no CCTV was installed inside and outside of the pentine, and then the Defendant selected the instant pentine as a place to commit the crime.

5) Circumstances in which criminal tools were prepared in advance

A stroke, which was administered by the Defendant after dilution with food, is the core tool necessary for the Defendant to kill the victim. On May 16, 2019, the Defendant entered search terms such as "stroke-mm, 's stroke-morm', and 's Cheongju-morm', and 's Cheongju-morm', and completed the Internet search, and then prepared for it in advance by taking a prescription with a stroke, from May 17, 2019 to 18 meters away from the house to the council member located in the Cheongbuk-gu, Chungcheongnam-do Office, as seen earlier. Furthermore, according to the following circumstances, it is recognized that the Defendant prepared for the crime of this case even the items recorded in the facts constituting the crime of this case.

가) 피고인은 2019. 5. 20. 인터넷쇼핑으로 휴대용 가스버너와 몰카패치, 지름 34cm 들통(곰솥) 2개, 핸드믹서기인 블렌더를 구매하여 2019. 5. 24. 제주시 P에 있는 피고인의 친정집으로 배송되도록 하였고, 2019. 5. 22. T마트에서 식도와 락스를 비롯한 다량의 청소용품을 구매하여 승용차에 실어 두었다.

B) From Jeju to May 23, 2019, the Defendant was scheduled to lodging 2 boxes from Viet and 2 boxes from the instant pen and return to Cheongju. However, on May 27, 2019, immediately after purchasing the items immediately before killing the victim, the Defendant intended to abandon gas burners, Siido, and bane gas into the instant pen, and thrown the Cheongju separately collecting and collecting the Cheongju on May 31, 2019. Since there was no reason to throw away those items that were not used to damage or abandon the body, it is recognized that the Defendant purchased the items purchased from the immediately preceding Internet shopping and Tar for the purpose of committing the instant crime, such as killing the victim and damaging or abandoning the body.

C) In light of the situation where the Defendant re-returns the scam purchased from Tart on May 28, 2019, and the free trade practice (e.g., free trade practice) and free trade practice (e., free trade practice), it is not deemed that the Defendant purchased a large quantity of cleaning goods for daily purposes, such as cleaning, but it is determined that the Defendant returned all the remaining goods not used for the crime.

D) The Defendant’s disposal of a large number of cleaning goods, such as scam and Wook 16, as well as scambash 16, which are lodging facilities for family type accommodation, appears to have been brought about by purchasing and bringing about an additional cooking equipment, such as gas burner and food, in addition to the cooking equipment already kept in the guest room. However, the Defendant stated that the Defendant did not bring about a separate cooking instrument. In light of the fact that the Defendant did not prepare a scambling that directly contacted with the employer’s entrance or hand, and that the Defendant did not prepare a scambling, salted salt, and scambling, the Defendant’s assertion that he prepared a cooking instrument separately as a sanitary problem is not accepted.

E) Although the Defendant asserted that he purchased the main sheet as Kim Bag because he was in need of Kim Bag, the Defendant’s assertion that many of the large Kim Bags necessary at the latest in May of spring or in the middle of Kim 110 meters in length was not good, and the Defendant purchased 1 of a vinyl which contains 4 plastic bags for Kim Bag, in which 15 renunciations were entered from Tmaart on May 28, 2019, and then purchased 5 of the same plastic bags from Tmaart on May 28, 2019 and then purchased 70,000,000,000,0000 won in total, which were not used in the Defendant’s vehicle, and the remainder of 17,000,000,0000 won in size and 110 meters in length should not be considered to have been used for the purpose of packaging the damaged body. Furthermore, the Defendant cannot be deemed to have used the victim’s friendly goods at the latest on May 24, 2019.

6) Circumstances in which the details related to the crime were searched on the Internet in advance.

As stated in the facts of the crime in the judgment of the Defendant, from May 10, 2019 to May 16, 2019, the following day after the agreement with the victim was reached with the Jeju District Court on the visitation, the Defendant is acknowledged to have planned each of the crimes of this case by searching in advance detailed information on the criminal tools, places, and methods of the crimes, including "strokem, kidm CCTV, kidg CCTV, large mixingr, Jeju strings, blood straw, bloodtain, K deck, Kimvvin vinyl, kninylvinylvin, nic electric shocks, nicotine-bot-type, nicotine-bat, libranes, bones strength, bones weight, and Jeju sea wastes."

A) The above search terms are closely related to the execution method, place, or tool of the instant crime, which was committed by throwing off the body of the victim by cutting off the unmanned gate where no CCTV was installed without the driver’s license, and then destroying the body of the victim, and breaking it into a plastic bag, which was concealed by throwing it into the sea at the sea, and putting it into a plastic bag, and the Defendant did not appear to have been carried out in the process of entering the connected search terms or charactering the body, and the Defendant was also equally searched before committing the crime, which is obvious that the search was conducted to search the method of treating the body of the victim, as seen below. The argument that the victim killed the victim by contingently was searched on the Internet is difficult to accept.

B) On May 28, 2019, the Defendant searched 13:44 on May 28, 2019, 13:44 on the port of loading, and 17, on the Internet, the Defendant searched 13:4 on the part of the State of loading, and loaded the damaged body of the victim on his/her own car once he/she loaded it, and then established and searched a criminal plan to abandon the body of the victim on the sea. However, the Defendant searched 'K deck' on May 15, 2019, around May 16, 2019, around 18, the Defendant searched 'K deck' and 'Nebage' on the part of the State of loading. This is completely contradictory to the Defendant’s assertion that the victim was killed and that the victim’s body was destroyed by abandonment.

C) Such circumstances are also the same as in the case of "revenition of food waste" searched from May 5, 2019, 22:22:22 to 22:35 of 2019 after the Defendant murdered the victim, and 19 of "food waste at pots". The Defendant is recognized as having used specific methods to search the body of the victim including bones to the extent that the Defendant could have damaged the body by means of the size of the victim's body, food and waste at around May 14, 2019, 'the waste', 'the waste at pots, 'the bones, 'the bones, 'the bones, 'the bones density', 'the bones density', 'the bones intensity', 'the bones weight of the bones', 'the bones waste', and so on.

D) As seen earlier, strokes containing the composition of stroke m are the core tools of the instant crime, and the Defendant’s search terms related to stroke m, such as 's stroke m', 'AT', 'AU mm', and 'AU stroke m', but it is recognized that they were searched at the search terms related to stroke m, 14:24 through 14:56 on May 10, 2019, and 21 on May 14, 2019 to May 16, 2019, it is difficult to believe that the Defendant’s assertion that they were search terms related to stroke m, 's stroke m', 's scoke m', 's scoke m', 's scoke scoke m'.

E) On May 13, 2019, the Defendant searched 23, 201:29, and 26:20 on May 14, 2019, 2019, and 24: (a) from May 12, 2019 to May 14, 2019, the Defendant continued to search the contents related to the pentine, and (b5) from May 14, 2019 to May 14, 2019 to the effect that the operator was not allowed to enter while using the pentine, and then the Defendant’s family promised to use the pentine in the form of the pent. It is recognized that the Defendant’s family searched the instant case without being in the body of another person, to find the place where the crime was unlikely to occur, as above.

F) On May 16, 2019, the Defendant searched 01:19, 01:19, 201: (a) 'Niccoin', 'Niccoin', 'Niccoin', 'ficcoin' from around 01:46; (b) 's 'ficcoin', 'ficcoin', 'ficcoin', 'ficcoin', 'ficcoin', 'ficcoin in large quantities of waters' from around 03:10 to 03:10; and 26) as above, the Defendant’s intensive search circumstances during a short period of time are irrelevant to the criminal plan.

G) On May 15, 2019, 14:53, the Defendant searched ‘the blood trace', ‘the blood trace', ‘the blood trace type analysis', ‘the blood trace analysis', ‘the national science investigation institute', ‘the side hegropical laundry', and ‘the laundry method' on the same day after searching ‘the 15:41, May 15, 2019, and ‘the 14:53', and it is difficult to accept the Defendant’s defense that the Defendant searched the laundry method by which the Defendant might remain at the scene of crime, based on the fact that the Defendant searched ‘the blood trace analysis' and ‘the National Science Investigation Institute'.

7) The circumstances leading to a disguised act as the victim attempted sexual assault after committing the crime

A) As seen earlier, the Defendant: (a) searched the strokem to be used in committing the crime via the Internet in advance; and (b) planned to prepare for the stroke stroke stroke stroke stroke stroke strokes; and (c) the Defendant’s assertion that stroke stroke stroke s

B) On June 2, 2017, the victim applied for a performance order against the defendant refusing to have an interview and made efforts to negotiate E at a court on several occasions. Since June 2, 2017, the defendant, who was divorced from the defendant, moved to the gate and pented the gate. The defendant's assertion that the victim attempted to have a sexual assault by threatening the defendant's body knife with a knife with the defendant's body refusing to have an interview at the time of the interview, and that the victim's behavior on the day is not able to have a knife by itself in light of the circumstances and circumstances at which the interview is made at the time, and the victim's behavior.

(C) Furthermore, in light of the circumstances where the Defendant promised to use the instant pentry with her husband and her husband as a person who will be accommodated in the promise of the instant penty, and where the Defendant parked the victim’s car in AAmaart as it is and moved the victim’s car to the Defendant’s car to the Defendant’s car, it appears that the Defendant was planned in advance to murder the victim by inducing the victim from the beginning to the instant pentry.

On the other hand, the Defendant asserted that there was no plan to attract the victim to the instant pention since he had been in accordance with the order to take the part of the Defendant’s vehicle at the AAma parking lot prior to the instant pention. However, it is not understood that the termination of the visitation right between 18:00 and 16:30 minutes of the visitation time scheduled to be 15:10 and 15:10, and the Defendant and the victim were in line with the victim’s own car at around 15:10, and that the Defendant had been in line with the victim’s right to take part in the accident after they moved to AAma, and that there was no reasonable interview between 15:10 and 15:10. The same applies to the Defendant who had been in line with the victim’s right to take part in the instant car, and that the Defendant again changed the victim’s right to take part in the passenger car to the victim’s son’s son’s son.

D) Furthermore, at around 14:48 on May 27, 2019, the Defendant sent a text message to the victim on May 27, 2019, stating that “I will file a complaint against sexual assault and violence. I will be human beings? I will be bad human beings?” On the same day, at around 16:48, the Defendant arbitrarily fabricated the victim’s cell phone, and “I would like to find out that I would like to kill the victim. I would like to see that I would not report that I would like to kill the victim. I would like to say that I would not report that I would like to kill the victim. I would like to say that I would not report that I would like to kill the victim. I would like to say that I would not report that I would like to kill the victim. I would like to say that I would like to say that I would not report that I would like to kill the victim. I would like to say that I would not report that I would like to kill the victim.”

E) As the Defendant may have already been pregnant, the Defendant made a strong resistance to the victim’s sexual assault City/Do, and testified that knife the lower part of the victim’s knife knife was also knife. However, the Defendant visited knife, who mainly treats knife trauma, and visited knife and did not receive knife other knife treatment. This is a behavior contrary to the Defendant’s assertion and thus, it is difficult to believe that the Defendant was pregnant.

F) If the Defendant made clear and obvious statement of sexual assault from the victim to cause considerable physical contact between the Defendant and the victim, it is inevitable to keep a trace of sexual assault, such as the body balance, scam, genes, etc. of the Defendant himself and the victim. It is reasonable for the Defendant to report to the police and undergo the procedure of collecting evidence from his body even in order to reveal that he is scambling. As seen earlier, the Defendant, even if he searches for ‘report of sexual assault' on the Internet around 10:15 of the following day after the death of the victim, without treating the victim's scambling, was destroyed by the victim's body, which could be an important evidence without treating the victim's scambling from the victim's body. On May 27, 2019, the two framework was to treat only the victim's body scambling from the external clinic, and operated the text message to himself on the same day by using the victim's smartphone on the same day, as seen earlier, as the victim made a false statement on May 30,

G) On May 25, 2019, from 20:43 to 21:50, the Defendant received a phone from a pention operator on three occasions in total. At the time of the call, the Defendant maintained a solar voice and stable horse speculation, and the Defendant called “water play” to the children in the last call at the time of the call, and went to the dwelling room, called “humbing and cleaning.” The Defendant’s voice did not seem to have satisd all the emotions such as an uneasiness, fear, etc. in sexual assault.

H) The Defendant asserts that the upper part of the body of the Defendant, who tried to commit sexual assault, is knife in the knife of the victim, but according to the description of the Defendant’s body appraisal document 29) and the testimony of appraiserN, most of the Defendant’s upper part of the body appears to be a damage in the form of knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, even

① 피고인의 신체에 발생한 상처를 감정한 AN은 칼에 의하여 발생한 손상은 일부 상처에 불과하고, 나머지 상처들은 표피 박탈이나 긁힌 상처 또는 오래된 반흔에 해당한다고 감정 하였는데, 칼에 의하여 발생한 오른쪽 옆구리와 팔뚝 및 왼쪽 정강이 상처는 절창 형태가 아니라 긁힌 형태의 표피박탈이어서, '피해자가 칼로 닭이 모이를 쪼듯 이 배 부위를 쿡쿡 찌르면서 위협하였다'는 피고인의 진술과는 상처의 형태 및 부위가 서로 다르고, 오른쪽 하복부에 남아있는 상처는 절창이기는 하나 일자로 생긴 선형의 상처여서 피고인의 위 진술처럼 쿡쿡 찌르는 행위로는 발생하기 어렵다고 보인다.

② At this court, NN made a statement that the upper part of the victim’s knife, which occurred by the victim’s knife, faced with the other party in a knife, such as the bones of the knife, and appears to be the upper part of the victim’s knife, and the knife, which occurred by the knife on one’s own knife, and the knife in a usual manner at regular intervals, would occur by multiple times within a short time. It is recognized that the three knife occurred in the course of the defendant’s knife and one’s knife, and the above knife may occur even in cases where the defendant put the knife in order to take the knife, but it is similar to that of the three knife at intervals.

③ Although the upper part of the floor of the upper part of the Defendant’s hand, the upper part of the Defendant’s hand and the knife between his hand and the knife may be caused by the Defendant’s knife while the Defendant attacked the victim, the Defendant’s hand may not be caused by the knife. However, the upper part of the Defendant’s handnife or knife may not be caused by an attack by the victim. However, the upper part of the Defendant’s handnife or knife would be put in the form of “C” due to a move to avoid it anti-sife or knife. In particular, if the upper part is formed with a knife as the Defendant, it appears clearly that the above change was caused, among each of the above parts of the Defendant’s handnife, and it is difficult to view that the upper part and the knife caused by the Defendant’s handnife at the time of the attack.

④ In light of the fact that “E” at the police sees the victim’s hand, and the defendant seems to have been able to have been able to witness acts between the victim and the defendant because they did not come out of the ward during the commission of murdering the victim, and it appears difficult to say that E could not accurately distinguish between the victim and the defendant and the victim who was 4 years old at the time. In light of the fact that E is difficult to eliminate the possibility that the victim was able to have made a statement on the basis of the defendant’s defense about the situation in which the victim was faced with the victim’s hand, and the defendant’s body was faced with the victim’s arms, and it is difficult to believe that E’s statement as it is.

8) Other circumstances that could not be viewed as a contingent crime

A) The Defendant asserted that the interview negotiation schedule was known and that the Defendant did not have committed the crime in a planned manner because it was easily discovered that the Defendant committed the Defendant’s murder on the Internet by reservation of accommodation and distribution, and the victim was exposed to all the guidance. However, it is not easy to conceal the crime by making a false statement as if the victim kills the victim, and then, attempted to conceal the victim’s body by sending a text message to him/her with a smartphone and manipulating it as if the victim were alive. However, it is not easy to conceal the crime in a timely fashion and confusion with the murder.

B) The Defendant, without using part of the goods that he purchased to prepare for the commission of a crime, wasteed or returned without using it, and the circumstance of late purchase after killing part of the tools for the commission of a crime, is also the ground for denying the planned crime. However, such circumstance may be the ground for the failure to carry out the crime as soon as the plan was planned, or the reason for not planning the commission of a crime is not the reason for not having committed the crime.

1. Scope of legal penalty: life imprisonment;

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

[Determination of Punishment] homicide, Type 3 (Influoral homicide)

[Special Aggravations] Aggravations: planned murder crimes, destruction of body, and no reflector;

[Recommendation and Scope of Recommendation] Special Heavy, Special Heavy, Imprisonment for a limited term of not less than 18 years or imprisonment for life [the scope of recommended punishment according to the applicable sentencing guidelines] or more (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of applicable sentences, as it is a case where the minimum of the applicable sentencing range is inconsistent with the statutory minimum of applicable sentences, it shall be set at the statutory minimum of applicable sentences, and the crime of destroying and concealing carcasses for which the sentencing guidelines have not

3. Determination of sentence: The crime of life imprisonment is committed by the defendant while divorced from the victim, and the defendant unilaterally refused visitation rights for a long time on behalf of the victim. When the victim's legitimate visitation rights were no longer refused, the victim was planned to kill the victim by using visitation rights, and murdered the victim by using visitation rights, and the body of the victim was destroyed and damaged and thoroughly concealed. It is extremely poor that the defendant specifically planned to commit the crime of murder and moved to practice the relation between the victim who is her mother, and the victim's her mother. Since the divorce between the defendant and the victim, the victim who was aware of the victim's father's 20 years ago cannot be found to have suffered from the victim's life without suffering from the victim's her father's sensium or time, and the victim's life cannot be recovered from the victim's her mother's sensor and her bereaved family member's sensor in the process of the crime.

Considering the suspicion and seriousness of the crime committed by the Defendant, the degree of responsibility corresponding thereto, the pain of the victim’s bereaved family members, and other various sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the need for general prevention, etc., comprehensively taking into account the situation in which the Defendant has no particular criminal history into consideration, even if considering the circumstances favorable to our society, it is reasonable to ensure that the Defendant has committed a lifelong mistake in a state of being isolated from society permanently in the future and lives with the mind of committing the crime against the victim and his/her bereaved family members. Considering such circumstances, the sentence shall be determined as the order.

The acquittal portion

1. Summary of the facts charged

(a) Relationship between the defendant and the victim;

Around June 11, 2013, the Defendant: (a) married with D (35) and gave birth to D around November 10, 2014; (b) however, around June 2016, the marital relationship with D resulted in de facto failure; (c) the Defendant and D were divorced from Jeju District Court on May 26, 2017; (d) the conciliation of the content designated as the Defendant was concluded; (e) the conciliation of the content designated as the Defendant was concluded on June 2, 2017; and (e) the agreement was finalized on June 2, 2017; and (e) the agreement was concluded on the divorce with D on June 2, 2017; and (e) on January 2, 2017, the marriage relationship with D was completed, and (e) the Defendant’s husband and wife were born to 17, the date of birth and 17, the date of birth and 27, the Defendant’s father’s wife’s birth and 37, the Defendant’s wife (hereinafter “A”).

Around 2010, H, the father of the victim, was appointed as a fire-fighting official in the Chungcheongbuk area; AW, the married wife around November 2010, and a divorce around August 2012, and AV, having given birth to the victim on June 2014; however, AX died on January 20, 2015; thereafter, AX was in charge of raising the victim to the mother in Jeju-do; and he was living in Jeju-do and Cheongju-si, etc. from June 2018 to June 2018.

On the other hand, the Defendant and H agreed to live together with the victim and E in Jeju-do and to live together with four persons, once they had been living in the Cheongju House at the time of the commencement of living as above. However, the Defendant’s promise was a situation in which the implementation of the promise is delayed due to the circumstance that the Defendant did not permit the marriage with H from his parents.

(b) Primary miscarriage and criminal partnership;

Around August 2018, the Defendant: (a) was pregnant with H and her attitude called “AY”; and (b) had separate difficulties, such as, on his own, dividing the fetus and dialogue with H, but around that time, the Defendant was under heavy stress while frequently disputed with H; (c) caused a pregnant child to undergo serious stress, and accordingly, (d) around October 15, 2018.

피고인은 위와 같이 아이를 유산하였음에도 H이 자신을 전혀 위로해주지 아니하고 오히려 다툼만 계속되자, 청주집에서 가출할 것을 결심하고, 2018. 10. 20.경 제주도로 가출한 후 H의 연락을 받지 아니하다가 2018, 10. 23.경 H이 AR 프로필 사진을 피해자의 사진으로 변경한 것을 보고 화가 나 H에게 "나를 기다려? 속 시원했겠지. 기다린다는 사람이 이미 처음부터 제일 먼저 한 행동이 버젓이 C이 사진 하나 떡하니 올려놓는 건데 (중략) 잘도 한 때는 그래도 10주 가까이 니 새끼였던 AY를, 잘도 니 표현대로 '너(피고인) 애새끼인' E이까지 능멸한거야, 나하고 당신이 표현하는 너 애새끼인 E이는 당신 가족이 아니야, 알아?"라는 내용의 메시지를 전송하고, 2018. 10. 26.경 "진짜 정신병자도 아니고 (중략) 넌 사진 바꿔가며 내 가족은 누구~ 하듯 지 세상에 푹 빠져 온갖 악담 퍼붓는 사람한테", "난 어차피 잃을 거 없거든 니가 뭘로 매장시키는 상관 어서(없어), 니 맘대로 해봐라, 그 이상 너 모든 걸 다 무너뜨려줄테니까", "난 안웃겨 니 그 얼굴에서 웃음기 하나 없이 싹 사라지게 해주마 (중략) 아주 사람 하나 미친년 만든 결과가 어떤 건지 끝을 보여줄게 걱정마라", "난 너한테 더한 고통주고 떠날 거니까 해봐라 한 번"이라는 내용의 메시지를 전송하고, 2018. 10. 29.경 H에게 사실은 가출 후 제주도에서 계속 생활하였음에도 마치 유산으로 출혈이 있어 부산에 있는 병원에 입원해 있었던 것처럼 거짓말을 하면서 병원비를 줄 것을 요구하였으나, H이 입원사실을 의심하면서 병원비를 주지 않자 H에게 "입원했습니다. 입원했다고 입원했다.고 입원했다고 !!!!!!!!!!!", "십주 가까이 품는 동안 이미 이 아기는 내 아기였고, 배에서 계속 느꼈고, 계속 이야기 나눈 새끼였어, 상실감 너무 크고, 다 내 탓인 것 같고, 미치기 직전까지도 갔어, 당신 입장에서는 C이(피해자)가 사라지는 것과 같은 기분인거야, 그럼 좀 와 닿기나 할까", "너 상상 이상으로 무너뜨리고 떠나주마"라는 내용의 메시지를 전송하는 등 유산을 한 자신과 전남편과의 사이의 자녀인 E을 홀대하고, 피해자만 진정한 가족으로 아끼는 H의 모습에 대해 강한 적대심과 분노감으로 가득 차 H이 아끼는 자녀인 피해자를 살해하여 H에게 복수할 것을 마음먹었다.다. 범행 계획 및 준비

The Defendant, while taking care of the victim as a Cheongju and raising the victim, was able to divide the face of the victim into beer, etc. using the cresh in the same room with the victim and H, and murdered by taking advantage of the cresh in the process. As there is a concern that H may break down in the process, it was difficult for investigative agencies to take off water exemption in advance, and there is a brush that the victim she had been living before H, and there was a brush that he had been living in the next place, thereby avoiding criminal liability.

위와 같은 범행 계획에 따라 피고인은 2018. 11. 1. 18:00경 제주시 AZ건물 BA호에 있는 BB 정신건강의학과의원에서 담당의사인 BC에게 불면증이 있다고 말하여 복용자로 하여금 깊은 수면에 빠지게 하는 효과가 있는 의약품인 명세핀정 등이 기재된 처방전을 교부받고, 같은 날 16:10경 위 병원과 같은 건물 1층에 있는 BD약국에서 성명불상의 담당 약사에게 위 처방전을 제시하여 명세핀정 등을 구입하였다. 그 후 피고인은 H에게 이상한 잠버릇이 있다는 사실에 대하여 언급하기 위하여 2018. 11. 2.경 일시적으로 청주집에 복귀하여 같은 날 밤 H과 함께 잠을 자고, 다음 날인 2018. 11. 3. 19:30경 다시 청주공항에서 비행기를 타고 제주공항을 거쳐 제주도 이하 불상의 장소로 가출하여 머무르면서 2018. 11. 4. 00:34경 H과 AR 메신저로 말다. 툼을 하던 중 갑자기 "아 그리고 당신 지난번에도 한번 그랬는데 어제도 새벽에 잠꼬 대하더라고 지난번엔 내 기억으론 10월 초쯤이었는데 심하지 않아서 그냥 평소보다 피곤해서 그런가 했고 어제는 새벽에 물 마시다 보니까 당신이 뭔가 내리치는? 쿵? 하는 소리 나서 침대에서 떨어졌나 하고 보고 (중략) 그 전에 10월 초에도 그땐 이번만큼은 아니고 나 옆에서 잘 때 평소처럼 가끔 내 쪽으로 와서 안는 거랑 다르게 몸으로 누른다고 해야 되나? 나도 잠결이라 뭔가 막 힘에 눌리는 기분에 잠 깼는데 당신이 잠꼬대 하면서 눌렀나 싶어서 살짝 흔들어도 반응 없이 잠자고 있더라고"라는 내용의 메시지를 보내어 H에게 이상한 잠버릇이 있다는 사실을 H에게 언급하였다.

(d) attempt to commit the primary crime;

피고인은 위와 같이 H에게 잠버릇을 언급한 날과 같은 날인 2018. 11. 4. 17:04경 H에게 "당신은 C이(피해자) 챙겨서 화 (중략) E이는 천천히 데리고 와도 되고, 그 사이에 나는 C이 챙기면서 엄마노릇하고 친해지면 되는 거고 차라리 그게 낫지" 등 피해자를 청주집으로 데리고 오라는 내용의 메시지를 전송하고, 2018. 11. 5. 01:45경에도 H에게 "C이는 언제 데리고 올 생각? 날짜 봐봐(봤어)?, 봐봐~~ 빨리 데리고와~~"라는 메시지를, 같은 날 21:06경에도 "C이 언제 올라가니, 당신은 C이 챙겨서 데리고 올라가, E이는 천천히 올리든지 하면 되니, 늦게 오면 늦게 올수록 E이도 친정에 계속 두는 거고, 무조건 그 이후니까"라는 메시지를, 2018. 11. 8.경에도 "C이 일정은 생각해 반(봤 어?, 어쨌든 E이보다 C이(피해자) 먼저 데리고 올라올 거는 맞으니, 계획 좀 짜보게"라는 메시지를, 2018. 11. 9.경에도 "일단은 C이 먼저로~~"라는 메시지를 각 전송하는 등 2018. 11. 4.경부터 같은 달 9.경까지 가출한 상태로 제주도에 머무르면서 계속하여 H에게 피해자를 청주집으로 데려올 것을 종용하였으나, H이 어린이집 문제 등을 이유로 피해자를 2019. 2.경 청주집으로 데리고 오겠다고 하여 피해자를 살해할 계획을 실행에 옮기지 못하였다.

E. Second miscarriage and judgment on crimes;

Around January 2019, the Defendant stated that Ha had a son between Ha and Ha, and was pregnant with Ha, but around February 9, 2019, the Defendant took the victim into the Cheongju House and had a dispute with Ha very much with Ha, and caused another son who was pregnant on or around February 10, 2019.

On February 17, 2019, the Defendant stated in the cell phone joint page "I wish to die of fighting (defluence)" on February 17, 2019. On February 24, 2019, the Defendant stated in the cell phone joint page "I am bad and sound due to the problem of the immediately preceding miscarriage, and the telephone that I am sather, the next day, miscarriage, and satch, I am 9:45 minutes of the cell phone joint page, and the Defendant entered the victim's family joints box on February 25, 2019, with 10 minutes of H, such as the victim's satisfy, and 20 minutes of 10 minutes of H, and the Defendant entered the victim's family joints box on February 25, 2019.

(f) Inducing victims to Cheongju House and H locked;

Around February 25, 2019, the Defendant is expected to have the date of preliminary convocation of the office of OOO-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O.

On the other hand, at around 16:20 on February 26, 2019, the Defendant again mentioned H that “(s) is a large ambling and blocking ambling at any time in good faith,” and that a person who is behind and is opening in the future is not the same as a person, and that he sent a message to H, i.e., “Isn’t know of his memory at the same time, Isn’t know of that person is the same,” and that there was an abnormal locked to H.

(g) homicide;

On March 1, 2019, from around 10:00 to 12:00, the Defendant, along with H and the victim, participated in the event of a child-care center call date located in Cheongju-si to from around 12:00 to 13:00, and then, from around 12:00 to from 13:00, the Defendant occupied the Defendant’s house at “B E” restaurant located in Cheongju-si, with H and the victim, and was in operation until around 19:0 on the ground that it was difficult to avoid due to the crypting of the house with H and the victim. From around 19:00 to from around 20:00, the Defendant sawd the instant house with the victim and the H to 21:00.

From around 21:00 to 22:00 of the same day, the Defendant made the victim a cleaning agent at the toilet and the middle room, and made the specifications of the non-finch, which is the exemption from water being purchased and kept on November 1, 2018, a watch by using a string tool, and made it possible for H to stop the vehicle with water exemption, and proposed H to stop the vehicle with the victim at around 22:00 and stop the vehicle as a living room. From around 22:00 to around 23:00, H used the vehicle with water exemption from water to stop the vehicle.

On March 2, 2019, from 04:00 to 06:00, the Defendant confirmed that H and the victim were faced with a deep diving at the middle of the Cheongju house where H and the victim were divingd, and caused the death of the victim by taking advantage of her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the her her her her her her her her her her

Accordingly, the Defendant murdered the victim.

2. Summary of the defendant and his defense counsel

A. This part of the indictment contains text messages sent and received between the defendant and H, which exceed the degree necessary to specify the facts charged, or are not related to the facts constituting the elements of the indictment, and thus contain a conclusive judgment of the prosecutor as to the contents stored in the defendant's cellular phone, and the defendant's psychological condition. Thus, this part of the indictment is unlawful in violation of the principle of an indictment only. Thus, this part of the indictment procedure is null

B. The Defendant, who is the child of the Defendant of Pyeongtaek-gu, Ma and Dong-dong, had a deep dynamic body with a strong mind from the time when she became the victim, and was frighted to well. On the day of the instant case, the Defendant was equipped with the device installed on the day of the instant case, and she was locked separately from the middle bank in which H and the victim are self-employed (hereinafter referred to as “the middle bank”), and she was locked separately from the middle bank in which H and the victim are self-employed (hereinafter referred to as “the second floor flood bank”), and the cell phone was cut off on the new wall or made a promise for the right to return from Jeju-do to cell phone, but there was no enemy entering the middle bank, but did not murder the victim at the time and place of the charge.

3. Facts recognized.

The basic facts found based on the evidence duly adopted and investigated by this Court are as follows.

(a) The structure of the audience house;

1) Cheongju House is an apartment-type structure, a Cheongju House is opened and opened, and the 2nd floor is located in front of the front of the Cheongju House, and there is an intermediate entrance door gate, and a hallway between the middle room and the bathing room is in front of the entrance. On the right side of the entrance into the corridor, there is a small and television room, and the left side has a kitchen and a meal room. On the left side of the entrance room, there is a room in which the bath room is accompanied. On the face of the main room and the dwelling room, there is two PCs and PCs installed in the inner room.

2) 중간방에는 성인 두 사람이 누울 수 있는 퀸사이즈 침대 2개가 나란히 놓여 있고, 피해자는 사망 당시 H과 방문에 가까운 침대에서 함께 잠을 자고 있었다.

3) At the kitchen, six food table and air conditioners are installed in the kitchen and six food table and can be cooked between six food table and the kitchen.

(b) Details of finding victims;

1) On March 2, 2019, H confirmed time with a cellular phone located on the left side of the bend, leaving the snow around 07:30 on March 2, 2019, and re-locked from a locking around 10:00 in the state where the victim was a victim, etc., the victim was suffering from the face above the right side of H and dumped.

2) H had the victim report to the Defendant, who was on the part of the ward, with the victim’s consciousness, who is married to the victim’s face, with two arms, and with the victim’s consciousness, and was on the part of the ward. He conducted cardiopulmonary resuscitation by putting the victim on the floor of the ward.

3) Around 10:13, the Defendant reported to 119 mobile phones. At the time, the Defendant sent the 119 rescue team members with an attitude that they seem to have been seriously hythmed to the extent that they do not know about the age of the said members and that they would know about the situation of the victim.

4) At around 11:00, 119 fire fighters tried to measure the heart level of the victim by attaching a heart funeral motor (AED) plaque upon arrival at the Defendant’s house, but the victim had already died, such as not food, beer, and so on.

(c) Status at the time of discovery of the victim and the result of autopsy of the victim;

1) At the time of the death of the victim, the victim was 98cc or 14cc or 6cc or older at the time of the death, but according to the table of juvenile growth by the Korea Centers for Disease Control and Prevention, the victim was 39 months for the extension of the victim, and the body in the body was 36 months for the body conditions of the child, and the body in the body was considerably distorted compared to the body conditions of the 36 months.

2) At around 10:00 on March 2, 2019, the victim: (a) was found to have died while locked together in the bend, such as the father, at the middle of the Cheongju House, and was found to have been snicked in the sn beam of the sn beam, which cover the face of the snick on the sn beam. The victim’s snick and the snick around the bend; (b) the snick was laid in the snick center; and (c) the snick was the snick of the snick, the snick was the snick, the snick was the snick, the snick of which was the victim at the right direction at the port of the snick, and the snick of a form similar to

3) As a result of the autopsy against the victim, the left eye, the left eye, the left eye on the front side of the entrance, the left side of the left side, the left side of the left side, the light loan on the left side and the left side, a large number of blood transfusions were found, even on the upper side and the chest side, there were a large number of blood transfusions, and approximately 3.5 cm x0.7 cm on the upper side of the left shoulder, and multiple blood transfusions were confirmed in front of the upper side of the front side of the front side of the front side of the front side of the front side of the front side of the front side, and the vision was found in the distribution part, and the corruption was confirmed in the distribution part, such as the upper part, the upper part, the upper part, the upper part and the upper part of the chest and the upper part of the upper part of the upper part, and the upper part of the upper part were not discovered, and the upper part of the upper part was not confirmed, and the upper part was confirmed in a large quantity of theft.

On the other hand, the blood and the above contents of the victim were detected by Clurians, and Clurians were used for the treatment of sensitive devices, such as Alphurine typhane infection, skin infection and a mustath, and re-vegetation, and the content of Clurians discovered from the victim's blood was confirmed to be within the treatment concentration range, and the victim was able to recover from the bFalians in Jeju Island on February 27, 2019.

4) In full view of the fact that multiple transfusions are discovered in the victim’s eyeoculsis, face, timber, chest, etc., and there is no damage to be peculiar in the telegraph or inside the body of the victim, and there is no disease that can be considered by a private person, and there is no specific drug or toxic substance other than the detection in the treatment concentration range, etc., the victim was presumed to have been infected. The victim was judged to have a high risk of tension, stimulative corrosion, or stimulative corrosion due to physical corrosion due to pressured external force, and death caused by a disorder in the respiratory movement, and the collapse of the building or the body of the vehicle, the body of the vehicle, the body of the vehicle, or the body of the vehicle, or the body of the body of the military during the landslide or work, and the mechanical type of the body of the victim was not found to have been found to have been bread, and the physical type of the victim was not found to have been found to have been bread by the military in the form of arrest or physical self-harm.

(2) The person's death may be a factor in the death.

D. Progress of the investigation of the instant case

1) On the date of the death of the victim, the Defendant starting from the 12:15 Cheongju and expected to escape the aircraft to Jeju, and the Defendant reported that, at the time of the death of the victim, H was able to prepare to the airport and had been set up in the room with the victim who was faced with the right away from his arms, and had been able to proceed to the airport at the time of the death of the victim, and the victim was preparing for the bees for the bees for H and the victim.

2) At the time, the victim sleeps in the same bed in the bed room located in H with the middle, and the Defendant sleeps in the bed room separately from the bed room, and there was no trace that the outside person had access to the bed house before and after the victim’s death. As such, the investigation into the cause of the victim’s death mainly proceeded with the possibility of the victim’s death by dividing it by father H, who was her father, and the Defendant did not undergo any investigation other than the procedure of hearing the statement of the bereaved family member ordinarily conducted.

3) After that, upon the Defendant’s emergency arrest on June 1, 2019 on suspicion of murdering Jeonnam Do, H, on June 3, 2019, filed a complaint with the police by asserting that the Defendant: (a) on the day immediately before the Defendant’s death, caused the Defendant to destroy drugs, such as water exemption; (b) subsequently, the Defendant filed a complaint with the police for murdering the Defendant; (c) the police collected H’s hair and requested the State and water appraisal; and (d) the State and the State and the State and the water were found to have failed to detect the ingredients of Alfra, stroke and stroke-m, which are exempted ingredients classified as water exemption from the State and water exemption.

4) On November 1, 2018, the police confirmed that the Defendant was prescribed for seven-day in detail finite at a hospital located in Jeju-do, which is exempted from water, on July 18, 2019. On July 18, 2019, the police re-requested the State and water H to assess whether the finine was detected from the hair of H, and as a result of the appraisal, the h was found to have discovered the finine ingredients, which were not classified as the finine exemption ingredients subject to the assessment of the hnish and water. The hin’s hair length subject to the assessment was short and the finine quantity was not adequate, and the finine test was not conducted after cutting it on a 1C unit, but the finine length was presumed to have been 1.5 cm to have been 5 cm from June 4, 2019 to June 4, 2019 when the finine was recovered.

E. Prior to and after the occurrence of the instant case by the Defendant and H

1) On November 17, 2017, after the Defendant divorced with Ha, the Defendant filed a marriage report with H on November 17, 2017, without giving notice to his parents, and from June 2018, the Defendant and H liveded with H in the Cheongju House. The Defendant and H set up the Cheongju House to take the victim and E, who were the children of each child born in Jeju, into Cheongju, and four persons, to take the Cheongju, but the conflict between the Defendant and the friendly parents continues due to the difference with H’s reemployment. As the birth between the Defendant and Ha continued due to the Defendant’s series of heritage, it would be the next day to take the victim and Ha into Cheongju, and eventually, they sent it to Cheongju childcare centers located in Cheongju, which were in Cheongju, and decided to comply with the said schedule.

2) Around October 2018, the Defendant was pregnant with H and was in miscarriage, and left the Cheongju House and remains in Jeju-do. Since then, H posted the victim’s photograph on HARprocil, without putting himself on the Cheongju, he was fluor, sent a text message as stated in this part of the facts charged, served in the Cheongju House, and the Defendant reconvened with H and lived in the Cheongju House. From February 2, 2019 to February 2, 2019, the Defendant provided a text message as described in this part of the facts charged, and reconvened the conflict between the Defendant and H and his reconciliation before the victim dies.

3) On the other hand, on December 25, 2018, the Defendant and H extended the time between 3 and 4 children of each of the two children, including the victim, E, and accommodation, etc., on three or more occasions a year, and the victim appears to have been suffering from any other conflict, i.e., "h", "h", and "h", and even according to H's statement, the Defendant seems to have been well aware of the victim until the victim died.

4) On March 1, 2019, at around 22:00, the day before the victim’s death, the Defendant and H frequently shot the lux or the lux made of the lux. On March 1, 2019, the day before the victim’s death, the Defendant and H diced the lux in the kitchen in the kitchen. At the time, the lux is mixed with the lux or the lux made of the lux in the kitchen. At the time when the lux was prepared by mixing the lux or the lux in the lux, the lux with the lux in the kitchen. At the time of the Defendant’s preparation by mixing the lux and the lux in the lux or the lux with the lux in the lux.

5) At the same time, the Defendant and H entered the front door of the vehicle, and the Defendant prepared for an examination of qualification certificate or prepared an English official book. On March 2, 2019, the Defendant entered the Internet search from that side to the scke PC, and had access to the Internet camera of Cheongju apartment, and made up comments on the comments. From 00:30 to 01:00 on the same day, the Defendant moved from the inside bank to the middle bank in which the victim is the victim, and the Defendant moved to the middle bank in which the second floor.

6) As a result of the analysis on the Defendant’s ice tower PC and the Defendant’s cell phone two mobile phones, the record was confirmed on March 2, 2019 between 02:3502:36, and the record was confirmed to have been connected to K-related B-Do king of complete-do from the Defendant’s cell tower PC. From 04:48:32 to 04:48:50 on the same day, the Defendant purchased the Defendant’s mobile phone from Jeju-do 07:0 to 07:40 on the same day by either changing the victim’s pro-friendly AX and friendly family members stored in the Defendant’s mobile phone (0) and confirming his AR pro-Japanese pro-Japanese, between 04:52:46 H, and between 04:54:43 and B-do 209.

7) Upon the Defendant’s report, 119 rescue team members were called up and confirmed the victim’s death. Since then, the Defendant and H were investigated as the bereaved family at the Cheongju Police Station, and H went to Jeju-do to directly inform the victim of the victim’s death. At around 22:02, the Defendant reported the Defendant’s missing to the police on the ground that the mother who had raised the victim was not contacted with the Defendant. On the same day, around 22:30 on the same day, the Defendant was found to have been parked in front of the Cheongju apartment commercial building.

8) On the day of the death of the victim, the Defendant tried to dispose of the twit lease in currency with the twit lease collection business entity from 20:01 to 20:16 on the day of the victim’s death. On the following day, the victim laid away the twits, electric straws, etc. in a garbage bag.

9) After that, on March 5, 2019, the Defendant appeared at the funeral ceremony of the victim who was going to Jeju-do BJ on March 5, 2019. The Defendant immediately returned to Cheongju, and on March 8, 2019, the Defendant moved to the joint apartment of the Defendant’s parents in Kimpo (hereinafter referred to as “Magpo”) and stayed in his place until April 20 of the same year, and thereafter, H also lived with the Defendant during the period of April of the same year.

10) Meanwhile, on March 22, 2019, H used b.m. p.m. p.m. s.m. s.m. s.m. s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s.m., s., s.k. s.m., s., s.

11) From 2018 to 2018, the Defendant, who was before the victim’s death, had dumped h’s head in the house, and had dumped two times after the victim’s death. H transferred four times between the victim’s death and June 3, 2019.

12) On May 25, 2019, the Defendant was arrested on June 1, 201 on the charge of murdering and damaging the body of the Vietnam, and was arrested on June 1 of the same year.

4. Issues of the instant case

A. The facts charged in this part of the facts charged are as follows: (a) the defendant saw a vehicle containing German fin, which is a water exemption component, and let H close the vehicle; and (b) the defendant forced H to a deep diving; and (c) subsequently, he forced other victims who were locked from H to a slope, such as the victim who was locked, and forced the victim's face by hand, and strongly divided the victim's face into about 10 minutes so that the victim's face can be checked into the be asked in the bed; (d) considering the characteristics of the instant case in which there is no witness or direct evidence to acknowledge that the defendant committed the above crime, the defendant was found to have been placed in a deep fashion, and the possibility of death by a third party, other than the defendant, could only be presumed to have been excluded from reasonable deliberation without any reasonable doubt, and thus, the main issue of the instant case is whether the defendant could not be presumed to have killed the victim.

B. Meanwhile, since the defendant and his defense counsel asserted that this part of the indictment is invalid because it violates the principle of an indictment only, the defendant and his defense counsel first judged this part of the indictment and examined whether this part of the indictment is recognized or not.

5. Judgment on the violation of the principle of an indictment only

A. When a public prosecutor institutes a public prosecution, he/she shall submit only one indictment, and attach documents or other things that may cause prejudice to the court as to the case (Article 118(2) of the Rules on Criminal Procedure), and the contents of the indictment shall not be cited (Article 118(2) of the Rules on Criminal Procedure). The so-called “Prohibition of entry of other facts” is not permitted that the court may cause prejudice to the court as a fact other than the facts required by law. Whether the violation of the principle of an indictment only is a violation of the principle of an indictment only shall be specifically determined in the relevant case in light of the type and content of the crime as stated in the facts charged (see Supreme Court en banc Decision 2009Do7436, Oct. 22, 2009).

C. This part of the facts charged is planned to kill a victim, who is a child of the victim, through the strong hostile and decentralization against H, who is the father of the victim. The part pointed out by the defendant and the defense counsel is indicated in order to explain the background that the defendant had the hostile and decentralization against H, who is a legal spouse, as well as the background leading up to the defendant's psychological condition at the time, and a series of actions and processes that can be seen as having been prepared for the crime of the defendant. It is recognized that the defendant had the intent to kill the victim or to explain the motive for the crime of the victim, considering the characteristics of the instant case where the defendant strongly denied this part of the facts charged by the investigation process up to this court. In light of these circumstances, even if this part of the facts charged is somewhat solid and specific, it does not seem to have reached the degree that it impedes the judge in understanding the substance of the crime by causing the judge's prediction. The above assertion by the defendant and the defense counsel is not accepted.

6. Determination as to whether this part of the facts charged is recognized

A. Relevant legal principles

Inasmuch as the recognition of facts constituting a crime in a criminal trial ought to be based on strict evidence with probative value that leads a judge to have no reasonable doubt, in a case where the name of a public prosecutor does not reach the extent that he/she would lead to such conviction, even if there exist circumstances, such as the defendant’s assertion or defense contradictory or uncomfortable fear of guilt, the determination should be made as to the benefit of the defendant (see Supreme Court Decision 2012Do231, Jun. 28, 2012). Meanwhile, even in a case where statutory punishment, such as murder, is grave evidence without direct evidence, the recognition of indirect facts constituting the premise of a principal fact ought to be sufficiently proven to the extent that it does not permit a reasonable doubt, and one indirect fact does not conflict with each other, and thus, should be supported by logical and empirical rules and scientific rules (see, e.g., Supreme Court Decision 201Do1089, Dec. 9, 2010).

B. Circumstances supporting this part of the facts charged

검사는, 피고인이 H에 대한 강한 적대심과 분노로 H에게 복수하기 위하여 미리 수면제 성분인 독세핀이 포함된 명세핀정을 처방받아 소지하고 있다가 H에게 그 약이 들어 있는 차를 마시게 하여 H으로 하여금 깊은 잠에 빠지게 한 다음 피고인이 잠에서 깨어 휴대전화를 조작하였다고 추정되는 04:00부터 06:00경 사이에 H 옆에서 엎드려 자고 있던 피해자의 등에 올라 타 움직이지 못하게 하고 뒤통수를 눌러 살해하였다.고 전제한 다음, ① 부검결과 피해자가 엎드린 상태에서 얼굴과 몸통을 포함한 넓은 부위에 걸쳐 외부의 누르는 힘이 지속적으로 작용하여 결국 질식사한 것으로 보이는데, 피해자의 연령, 키, 발육상태 등을 고려하면 피해자가 잠을 자다가 돌연사할 가능성이나 옆에서 잠을 자고 있던 H의 신체 일부가 피해자의 머리나 가슴 위에 올려지거나 포개져서 질식사했을 가능성이 매우 낮고 의도적이고 강력한 외력에 의해 사망하였다고봄이타당하며,9②피고인은피해자사망당시감기에걸려2층침대방에서따로 잠을 자고 아침 8~9시경 일어나기까지 계속 잠을 잤을 뿐이라고 변소하나, 피해자 사망추정시각에가까운2019.3.2.02:3502:36사이에안방에있던피고인의데스크 탑PC로 완도-제주도를 왕복하는 K 관련 블로그에 접속하고, 같은 날 04:48경 피고인의 휴대전화에 저장된 피해자의 친모와 그 지인들 연락처의 이름을 변경하거나 H과 사이에 한 녹음된 통화파일을 재생하고, 같은 날 07:09경 또 다른 휴대전화를 이용하여 제주도 왕복 비행기표를 예매하는 등 피고인 변소와 달리 피고인이 피해자 사망추 정시각에 계속 깨어 있었던 것으로 보여 피고인이 H이 잠든 것을 확인하고 피해자를 살해하였을 것으로 보이고, ③ H의 모발 감정결과 H은 모발채취일로부터 4개월 보름 이전인 1월 중순 이후 독세핀 성분을 투약하였다고 보이는데, 의사의 처방이 필요한 전문의약품인 독세핀 성분이 포함된 약을 처방받은 적이 전혀 없고, 피고인이 2018. 11. 1. 독세핀 성분이 함유된 명세핀정을 처방받았으며, 범행 당일 H은 피고인이 만들어준 차를 마시고 평소와 달리 아침까지 깊은 잠을 잤으므로 피고인이 독세핀 성분이 들어 있는 명세핀정을 불상의 방법으로 갈아 H이 마실 차에 넣어 H로 하여금 이를 마시게 하여 깊은 잠에 빠지게 하였을 가능성이 높으며, ④ 피고인이 2018. 10. 15.과 2019. 2. 10. 두 번의 유산과정에서 H이 자신을 위로해 주지 않고 AR 프로필 사진에 H의 자녀인 피해자의 사진을 올려 놓자 H을 강하게 비난하는 문자메시지를 보내거나 H에 대한 적의를 휴대전화 메모장에 작성해 두기도 하였는데 거기에는 H을 비난하며 더한 고통을 주고 떠나겠다는 등 H에게 복수를 다짐하는 내용이 다수 존재하는 등 H에 대한 복수심으로 피해자를 살해할 동기가 충분하며, ⑤ 2018. 11. 14.경 휴대전화로 니코틴 살인사건 관련 뉴스기사를 검색하거나 피해자가 사망하기 약 1주일 전인 2019. 2. 22. 치매노인을 베개로 눌러 질식사시켰다는 2015. 6. 9.자 기사를 검색하는 등 피해자의 사망원인과 유사한 기사를 검색하기도 하였고, 6 H과 심하게 다투고 강한 적개심을 드러내는 문자메시지와 메모를 작성하는 와중에 뜬금없이 H이 평소 옆에 자는 사람을 심하게 누르거나 때리는 등의 잠버릇을 언급하며 H의 잠버릇으로 피해자가 사망하였을 가능성이 있음을 미리부터 준비하거나 H에게 주지시켰고, ⑦ 그 밖에 피해자 사망 이후 자신의 어머니와 통화하는 과정에서 피해자의 사망원인이나 사망시각을 미리 알고 있는 듯한 말을 하거나 피해자의 사망 소식을 듣고 슬퍼하는 어머니에게 '우리 애기 아니니까 얘기하지 마'라고 말하며 피해자의 죽음을 슬퍼하는 모습을 보이지 않았으며, 피해자 사망 이후 H이 제주에 내려가자 아파트 상가 앞에 주차된 차 안에서 잠을 잘 정도로 간밤에 잠을 제대로 자지 못하여 피곤한 모습을 보였고, H이 제주에 있는 동안 피해자가 사망 당시 썼던 요, 전기장판을 모두 쓰레기봉투에 담아 버리고, 피해자의 혈흔이 묻어 있던 매트리스를 처분하기 위하여 매트리스 수거업자들과 통화하는 등 이 사건 범행 이후 피해자를 살해하지 않았다면 보이지 않았을 비정상적인 일련의 행동들을 보였으며, ⑧ 피해자 사망 후 약 3개월 뒤인 2019. 5. 25. 자신과 E이 H과 원만한 가족이 되는 방해 요소라고 생각한 전남편 D을 계획적으로 살인하고 그 사체를 훼손, 유기까지 하였으므로, 이러한 피고인의 성격 또는 H과의 가족형성에 대한 강한 집착을 고려하면 전남편과 마찬가지로 자신과 E이 H과 원만한 가족이 되는데 방해 요소인 피해자를 살해하였을 가능성도 농후한 점 등 간접증거에 의하여 인정되는 여러 정황과 간접사실들을 종합하여 볼 때 피고인에 대한 이 부분 공소사실이 충분히 인정된다고 주장한다.

Therefore, this part of the facts charged is individually examined in below, the reason for the death of the victim, whether the defendant could be deemed to have killed the victim in light of the defendant's criminal behavior at the time of the victim's death, whether the defendant can be deemed to have administered the victim in the vehicle of detailed pin language, including the hnin component, detected by H's hair, and whether the defendant can be deemed to have motive for committing the crime of killing the victim, and whether the defendant can be deemed to have motive for committing other indirect evidence. Determination as to whether the defendant was drinking a vehicle containing h with exempted ingredients.

1) As a result of the H’s appraisal of H’s hair, if H’s hair was detected, and the H’s hair length subject to appraisal was found to have been administered in the middle of January 3, 2019, which was from June 3, 2019 to June 4.5, 2019, when H’s hair length was 1.5cm, H was presumed to have been administered in the middle of January. On the other hand, H was not prescribed with a prescription of a doctor during the pertinent period, but the Defendant was kept by prescribing a detailed pin language containing a toxicine, which is a prescription that can be taken into consideration only when the doctor’s prescription was obtained, while H was placed in the custody of the Defendant on November 1, 2018. As such, H was dried in the vehicle created by the Defendant before the victim’s death and was defind in the middle of the peace.

2) On November 1, 2018, the defendant, after having been prescribed and purchased a detailed pin with a German ingredient on the part of the defendant, purchased it, but he kept it in Cheongju with a Cheongju as a Cheongju without taking it up, the defendant's lusium is natural lusium, so that the defendant put a drug containing a lusin ingredient into the lusium in a lusium and caused H to take it out in a deflusing manner, and then did not kills the victim. However, as stated in this part of the facts charged, if the defendant was to have killed the victim, it should be acknowledged by strict evidence that the defendant administered the lusin substance containing a lusin ingredient to H so that H does not break out the lusin ingredient.

3) However, considering the following circumstances acknowledged by the evidence duly adopted and examined by this Court, it is difficult to readily conclude that the Defendant, as stated in this part of the facts charged, was placed in the front of detailed pin language containing Modin ingredients, by inserting H in the Min room room and making H pin pin de facto and de facto, and there is no other evidence to prove otherwise.

① After the death of the victim, H testified the victim at the first police investigation on March 1, 2019, and made a statement that the Defendant dices the vehicle with the Defendant, suggesting that the Defendant dices the vehicle. Although the Defendant was not accurately memory, the Defendant made a statement that the Defendant dices the vehicle with H. On March 1, 2019, it is recognized that the Defendant dices the vehicle that the Defendant and H d was bread by mixing it with carbon at the baby or the engine room where the Defendant and H were under cooling on March 22, 2019.

② 그런데 피고인이 H에게 명세핀정을 탄 차를 마시게 하였다고 인정할 수 있으려면, 피해자를 살해함으로써 H에 대한 복수를 사전에 계획하고 있었다는 피고인으로서는 H의 제안으로 차를 마시게 된 우연한 기회를 이용하여 H을 깊은 잠에 빠지게 하기 위하여 곧바로 명세핀정을 가루로 만든 다음 H이 마실 차에 탔거나 아니면 이 부분 공소사실 기재와 같이 명세핀정을 미리 가루로 만들어 준비해 놓았다가 H이 차를 마시자고 말한 기회를 이용하여 그 가루를 차에 타서 H으로 하여금 마시게 하였어야 하는데, H은 피고인이 차를 만들 당시 식탁 옆 의자에 앉아 있었고, 앞서 살펴본 청주집의 구조상 피고인으로서는 식탁 옆에 있는 냉장고에서 유자 또는 레몬청과 탄산수를 꺼낸 다음 H이 앉아 있는 식탁 또는 그 식탁 옆의 아일랜드 식탁에서 차를 만들 수밖에 없는데, 그곳은 모두 H이 식탁의자에 앉아서 훤히 볼 수 있는 곳이므로, 그러한 상황에서 피고인이 대담하게 명세판정을 가루로 만들거나 가루로 갈아놓은 명세핀정을차에 넣었을 것이라고 단정하기 어렵고, 상식이나 경험칙상으로도 전혀 납득하기 어렵다.

③ In the instant case where there is no evidence to prove that the Defendant had any special knowledge or information on the medicine containing water exemption ingredients, such as Alfladras and Afin, the Defendant was at all suspected that the Defendant had attempted to commit this part of the crime without having conducted Internet search on Alfla, Alfras or Sfin, or having no knowledge of the efficacy of Alflas or Sfin at any time. However, there is a strong doubt as to whether the Defendant intended to search the content related to the crime in detail while setting up the crime plan at the time of murdering Alfla, and as to whether it was in violation of the Defendant’s behavior that searched in detail about the content related to the crime.

④ Furthermore, since the detailed pin serves as the effect of suppressing the mid-to long-term system, it must be taken within 30 minutes prior to being taken, and in order to minimize the effects on the following day, H made recommendations that meals not be taken within 3 hours after being taken. From March 1, 2019, H made meals until March 21, 2019, he stated that at around 22:00, the Defendant was able to enter an inner bank for about 1 to 00:30-01:0 and she was fright to sleep. Thus, even according to H’s statement, it is extremely doubtful that even if the Defendant’s statement is based on such statement, it would be extremely doubtful whether the temporary pin situation stated in the facts charged was finited and let H end it.

⑤ On the other hand, as seen earlier, H took advantage of the anti-fin component by prescribing the anti-fin component and the exemption from water with an unknown slock on the two occasions on March 22, 2019 and May 31, 2019. As a result of the Madin test on H, the hin component was detected on the day before the victim died. On the other hand, the hin component was not detected upon the prescription on March 22, 2019, and the Defendant was not detected with the hin component, which is an exemption from water taken by prescription on March 22, 2019. Moreover, there was reasonable doubt as to whether the Defendant administered the hin component at around that time, and whether H’s h was not a different time.

④ In addition to the fact that H’s fincin composition was detected as a result of the victim’s fincin test, and the Defendant 1-2 times after the victim’s death colored H’s head, and that H was well aware of the drug with a flat exempted ingredients as fire fighters, there is no possibility that H voluntarily fincin, which was prescribed by the Defendant to treat fincincin in order to treat fincincin as a result of the victim’s death after the victim’s death.

7) Meanwhile, even though it is widely known that human hair is 1 cm in one month in general, there may be an error in each person, so in practice, the inspector can accurately specify the time when he/she administered the relevant toxic substance by saving the hair of the inspected person into 1 cm. In this case, the hair of H subject to appraisal has already been provided for appraisal in order to detect stroke and strokem, which are exempted ingredients classified from the country and water, and its quantity was less than 1.5 cm in length and 4.5 cm in length, and thus, it was not possible to 1.5 cm in length and 1.5 cm in length to determine whether sloak was detected from 1.5 cm in length, 4.5 cm in length, 1.5 cm in terms of whether sloak was detected from 1.5 cm in length, and sloak in particular, it is difficult to find the victim’s sloak at once and 2 sloak in length.

⑧ 나아가 H은 이 법정에서 당시 평소와 달리 깊은 잠에 빠져 아침 10시까지 푹 잔사정을 보면 피고인이 자신에게 수면제를 먹였을 것이라고 진술하였으나, 한편 H은 2018년경부터 육아휴직을 하고 있었기 때문에 평소 새벽 1~2시 정도에 잠이 들면 아침 10~11시경 일어나 늦은 아침을 먹는 생활패턴이 있었으므로, 이러한 H과 피고인의 진술을 종합하면 H이 새벽에 깨지 않고 아침 10시경까지 계속 잤다는 사정만으로 피고인이 H에게 수면제 성분이 있는 약을 먹였다고 단정하기도 어렵다.

D. Determination as to the victim's cause and time of death presumption

1) The cause of the victim’s death

A) Based on the autopsy test report, the body of the victim, the body of the victim, the body of the victim, the body of the victim, and the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the victim, the body of the body of the victim, the body of the victim, the body of the body of the victim, the body of the victim, the body of the body of the victim, the body of the victim, the body of the body of the victim, the body of the victim, the body of the victim, the body of the body of the victim, and the body of the body of the victim, the body of the victim, the body of the body of the victim of the victim, and the body of the victim, the body of the victim, the body of the victim of the victim, the body of the body of the victim of the victim of the victim, and the body of the victim of the victim of the victim.

B) However, considering the following circumstances, it is difficult to readily conclude that the victim died as above, and the possibility of death due to another reason cannot be ruled out without any reasonable doubt.

① As seen earlier, at the time of the death of the victim, the body size was considerably distorted compared to that of the victim with 98 cm and 14 km in body. At the time of the death, the body size of the victim was in the state of taking the clurine citizens by means of an organ donation, such as Algorara, skin infection, skin infection and objects to be affected, and revegetation, etc., even though the body capacity of the victim was confirmed within the ordinary treatment range, the body size of the victim’s body was within the normal treatment range, as a result of the autopsy, it is difficult to completely divide the possibility of avoiding the body size of the victim’s head or the body of the victim or the body of the H who was on the part of the victim, and even if the body size of the victim was confirmed within the normal treatment range.

② In this Court, appraiser BL also appears to have no special scam or attitude change to the victim. If H was involved in a scam, which is an exempted component, and the situation where H was defrised to the victim’s scam or to the scam, and the situation where the victim’s scam or the scam was continued, and if the difference between the victim and the perpetrator’s force was reasonable, the possibility of scaming cannot be ruled out even if the victim is a child of 4 years old who is not a infant. H was 166 cm, 60 cm in body, 98 km in body, 14 km in body, and is considerably distorted compared to the past, the victim’s physical strength and force are considerably different between H and the victim, as seen earlier, and even if the body was scambling to the victim at the time, it is difficult to actively divide it into the state of scaming or defending the victim’s sam.

③ In the case of a child, such as a victim, who is 4 years of age or older as the victim, a son and his son may bM with his her son or son without being sounded, even if the victim’s bM met with her bom, and the question was asked to the effect that the victim may bom with her son or her bom without being sounded. In this case, even if the situation where a person is forced to her bom with her bom and her bom with his her bom, the bom may lose his bom even if the situation where a person’s bomd with his bomd with his bom and her bomd with his bom, and even if her bomd with his bomd with his bom, the bombling may not be able to resist even if her bomd with his bomd with his bom.

④ An appraiser BK presented a concrete opinion on the method of committing a crime by referring to the victim’s her face, etc. that is going up to the her chest side of the victim’s chest, etc., and her face is divided into two pages. As to the causes of an approximate death, the appraiser BL stated that the above determination was somewhat exaggerated in the instant case without additional data, such as the clothes, her attitude at the time of the victim’s death, and whether the victim covered the said her body. The appraiser BK’s opinion on the appraiser BK’s appraisal was based on the autopsy results, and there was no objective evidence to support such an opinion. Therefore, this part of the facts charged that reflects the appraisal opinion of the said appraiser BK as it is is difficult to recognize it as it is.

2) The time when the victim was presumed to have died

As a result of the autopsy against the victim, both sides were observed, and these both sides were indicted to the effect that the victim died between 00 and 06:00 on February 04, 2019, under the prior system that a change in body was made within 4-5 hours after the date of the autopsy.

However, it is difficult to view that there is no reliable research result to estimate the time after the death of the victim in a precise manner, and that the time after the death of the victim in a practical manner is 8-10-hour situation when both sides are observed. However, it is difficult to hold that such time is ever after the death of the victim in an objective manner, and that there is a wide variety of research results about the time group, and that there is no difference between the actual time of death and the time after the death of the victim in the field, and that there is a student who mentions both sides as 8-10-hour time after the death of the victim, while academics also mentions that the time after the death of the victim in a variety of time periods, such as 11-4.5 hours or 4-24 hours, can not be seen as accurate, and that there is no evidence to readily conclude that the defendant was 40-60-hour or more times after the death of the victim in an accurate manner. Accordingly, it is difficult to conclude that the defendant could have different credibility between both sides and the victim.

E. Determination as to the circumstance that the defendant was shouldered in diving

1) The Defendant, who was suffering from the sinking at the time of the instant case at the police station, was locked separately from the second floor bed, and continued diving until around 8-9:0:0. However, as seen earlier, the Defendant had access to the Defendant’s screen tower at the new wall time that the Defendant was presumed to have died, and confirmed the Defendant’s name of the victim’s friendly mother and his son stored in the cell phone, changed the name of the victim’s friendly mother and his son, and continued to listen to the recording file between H and the BI, and purchased the right to return to Jeju-do-do through BI display. In light of these facts, it may be recognized that the Defendant was killed on the basis of this part of the facts charged.

2) However, considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is unclear whether the Defendant was broken at the above time, and even if having broken, it cannot be readily concluded that the Defendant killed the victim at the above time.

(1) As a result of the examination of the record of the use of the Defendant’s cell PC and the Defendant’s cell PC between January 1, 2019 and March 31, 2019, the Defendant recognized that the Defendant frequently used the new wall hour PC or cell PC at ordinary times, such as using mobile phones at a time similar to the date indicated in this part of the facts charged, and that the Defendant searched the Defendant into the new wall hour PC or used the cell PC on the date of death of the victim, is different from that of the Defendant’s ordinary living habits, on the ground that the circumstance where the Defendant searches the victim as the new wall hour PC or used the cell PC is different from that of the Defendant’s ordinary living

It is difficult to see that it was a ethical shoulder.

②) 피고인은 이 법정에서 피해자가 사망한 당일 자는 도중 깼었는지 잘 기억나지 않지만, 설령 잠에서 깨서 휴대전화를 사용하였다고 하더라도 예정대로 E마저 청주로 올라오면 그동안 꿈꿔왔던 4명의 가족이 함께 살 수 있게 된다는 생각에 피해자의 친모 관련 사람들을 떠올리고, 이를 확인한 H과 사이의 부부싸움을 피하기 위하여 그 연락처에 저장된 이름을 변경하였으며, 잠결에 AR 프로필 사진을 열어보거나 통화녹음 파 일이 재생된 것 같다고 변소하고 있는데, 피고인이 피해자가 사망한 새벽시간에 피고인의 데스크탑 PC와 휴대전화를 사용한 시간이 불과 1분 내지 2~3분에 불과하고, 사용내역이 확인되는 시각 전후 추가로 데스크탑PC와 휴대전화를 사용하였다고 인정할 증거가 전혀 없는바, 피고인이 이와 같이 사용내역이 확인되는 순간 깨어있었다고 하더라도 더 나아가 피해자를 살해하였다고 인정하기에는 부족하고, 이러한 사정은 잠결에 휴대전화를 만진 것 같다는 피고인의 변소에 부합한다.

③ The Defendant changed from March 2, 2019 to March 2, 02:3502:36, that it is difficult for the Defendant to readily conclude that the Defendant used the above PC from 00 hours to 10 times to 20 times to 3502:5 times to 20 times to 30 times to 1:5 times to 20 times to 3:5 times to 1:5 times to 20 times to 3 times to 1:5 times to 20 times to 3 times to 1:5 times to 20 times to 3 times to 1:5 times to 20 times to 3 times to 1:5 times to 3 times to 4 times to 1:5 times to 20 times to 3 times to 5 times to 1:5 times to 3 times to 4 times to 20 times to 5 times to 1. It was difficult for the Defendant to use the above PC from the date on which 20 days to 2 times to 3 times to 1.

F. Determination as to whether the Defendant was the motive for murdering the victim

1) As the motive for the Defendant’s murder, the prosecutor showed the attitude of the Defendant at the time of the Defendant’s murdering twice on October 15, 2018 and February 10, 2019, and during that process, H fighted with his husband and wife, and changed the AR procil to the victim’s photograph, and as indicated in this part of the facts charged, H sent emotional text messages to H, as indicated in this part of the facts charged, and then sent a cell phone with a strong red and multiple instances of H, by creating and storing a camera with a cell phone to the effect that H will take advantage of the circumstances that the Defendant formed a family with H, E, and that the victim would be disturbed. Moreover, there is sufficient motive for inducing the Defendant to kill the victim by gathering the victim.

2) However, in light of the following overall circumstances, it is difficult to recognize that there was a motive for the Defendant to kill the victim solely on the basis of the content of text messages sent by the Defendant to H or the text notes written in the cellular phone.

① The content of text messages sent by the Defendant to H is as follows: (a) even though the Defendant suffered from a shock that caused a miscarriage, it does not go against the Defendant; (b) rather, H does not reveal a strong decentralization and real sense of the change of the AR propy into the victim’s photograph; or (c) reveal the enemy’s perception of such H’s attitude; and (d) it does not confirm the content that the Defendant expressed or multiple decentralization against the victim.

H also stated that the defendant did not cause any harm or harm to the victim in the process of wrapping up with the defendant at the police station, and that he tried to do so to the victim as a horse.

② In particular, the Defendant’s motive for committing the crime presumed by the Prosecutor is expressed in the multiple or hostile deliberation about H. As H and death, the Defendant was sleeped with the other party’s sliffly living together with the other party’s slifflyed couple. Furthermore, H made a statement that the Defendant was able to smoothly maintain a matrimonial relationship with himself. In fact, the Defendant was living in the Kimpo, without hedging with the victim’s death, and discussed restaurant opening business in Jeju-do. However, the Defendant appears to be in the form of ordinary couple who repeated marital fighting and compromise with the other spouse.

③ In addition, the Defendant, after the second miscarriage, sent a text message, which shows a strong red sense to H, and leads to the end of this relationship, unless there is any significant case, even on February 24, 2019, on which he sent a text message to each other. The family responsibilities of the Defendant: (a) he is an absolute human being; (b) he was chosen to go to the lower end; and (c) he was first predicted, and (d) he was able to immediately throw away from his wife without the intention of loving his wife; and (b) stored it in his cell phone. According to this shape, it is difficult for the Defendant to obtain the motive for the Defendant to kill the victim in order to maintain the relationship with H, or at least take the premise of fostering the victim. Therefore, it is difficult to obtain the motive for the Defendant to commit the crime of murdering the victim in order to foster the family with H.

④ Furthermore, the Defendant seems to have avoided the intent of maintaining a matrimonial relationship with H even after the victim’s death, such as: (a) two or more Cheongjus house (victim and the victim’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother and her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother’s her mother and her mother’s her mother’

⑤ 피고인은 두 번째 유산 이후 H과 감정적인 문자메시지를 보내며 싸우던 중이었음에도, 2019. 2. 25. 피해자를 데려오기 위해 제주도에 내려간 H에게 피해자의 짐을 챙기면서 탯줄이나 배냇머리까지 챙겨 오라는 내용의 AR 메시지를 보내거나, 또래에 비해 체구가 왜소한 피해자의 진료를 위하여 2019. 2. 27. 12:23경 BN 병원 성장클리 닉, 같은 날 12:30경 BO병원, 같은 날 12:39경 BP병원에 피해자의 진료를 예약해두기도 하였는데, 만약 피고인이 피해자를 청주집으로 유인하여 살해할 의도였다면 위와 같이 번거롭게 H에게 문자메시지를 보내 챙겨야 할 물건들을 구체적으로 지시하거나 굳이 세 곳의 병원에 피해자를 위한 진료예약을 할 이유가 없어 보인다. 이러한 사정에 비추어 보면 피고인이 피해자를 계획적으로 청주집으로 유인하여 살해하였을 것이라는 검사의 추정에 강한 의문이 든다.

G. Determination on other indirect evidence

1) In light of the circumstances that the Defendant was passive in taking the Defendant’s house of Cheongju, it was passive for the Defendant to take the Defendant’s house of Cheongju, but in light of the circumstances that the Defendant actively demanded H to take the victim into Cheongju, unlike before and after having been decided on November 1, 2018, after having been laid down the water exemption ingredients, it is doubtful that the Defendant would take the victim into Jeju-do even though he did not intend to take the victim from the beginning to the house of Cheongju, and that there was no plan to murder the victim.

However, considering the following circumstances, the Defendant appears to have planned to start E from March 2, 2019 to the Cheongju House, and it is difficult to recognize that the Defendant had a plan to move H to the Cheongju to the Cheongju House to attract the victim to the Cheongju House.

① Around November 17, 2017, the Defendant did not notify his parents of the fact that he reported a marriage with H on November 17, 2017. While his father was in charge of accounting duties, the Defendant appears to have been passive in bringing the E, which was brought up in her friendship with his father, due to not being able to collect attempted bonds in a timely manner, causing a big loss to the company, etc., while his father was in charge of accounting duties.

② On February 28, 2019, H said to move the victim to the Cheongju House, and the Defendant also intended to go to Jeju Island on the day or night a day before the Cheongju Child Care Center opened. In fact, on February 18, 2019, the mother would contact the mother to go to the Cheongju House for three months, thereby obtaining the mother’s permission. At around 07:04 on the date of the victim’s death, the Defendant did not seem to go to go to Jeju Island on March 2, 2019, and the mother did not contact the Defendant on March 3, 2019. In light of such circumstances, the Defendant had already tried to go to go to the Cheongju at the time of the victim’s death.

3. On February 19, 2019, the Defendant called the Jeju Child Care Center, where E had a director, and then left the child care center immediately. On February 19, 2019, the Defendant registered the victim and E at the same time, and deposited 120,000 won in advance each admission fee. After the victim’s death, the Defendant asked on March 2019, the head of the above Child Care Center, who called the head of the first week to the head of the above Child Care Center, would have been able to take the child care center again because E continued to live in the Jeju. Accordingly, it is difficult for the head of the child care center to see that the head of the new child care center would not expect the birth of the child care center and eventually make it difficult for the Defendant to take the child care center again to accept E and make it difficult for him to do so. As such, the Defendant’s plan to change the child care center to the most usual condition of E.

2) As to the circumstances in which the Defendant mentioned H’s locked

① In light of the fact that the Defendant was scambling with H and text messages, regardless of the contents of the conversation during two times, the Defendant stated that there was a scambus to prevent a scambruscam that makes it difficult to scam by drinking a person being scam on the side or by dividing him into his body. The circumstance that H had such scamscams as a result of the scambru test on the water surface of H was not verified. Rather, H was not a fire officer in the occupation of the fire officer and did not have a scambiance, and it was questionable whether the Defendant planned in advance to scam the victim’s scambrus to have died of H’s scambrus.

② However, H underwent a water source test on July 8, 2019. On July 5, 2019 and July 8, 2019, the immediately preceding hospital used water exemption and anti-gropic agents by prescribing them. Among them, certain drugs, such as human beings and farms constitute a water source treatment product. As such, it is difficult to trust the results of the examination that H was conducted under a state of diversating a water source treatment product for a considerable period of time.

③ Around November 4, 2018, the Defendant made a statement that “I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Had Had Had Hadd Had Had Had Had Had Had Had Had Had Had Had Had Had Hadd Had Ha.”.

Even if the above Defendant’s statement is an exceptional and abnormal manner in light of the dialogue connection, it is difficult to readily conclude that the Defendant was establishing a plan to kill the victim solely on the ground that the Defendant made the above H’s lave talks about five months prior to the victim’s death.

④ On February 26, 2019, the Defendant sent a text message to the effect that, while exchanging letters with H on February 26, 2019, he/she well dives his/her coconhion, he/she is also fluorh, and that there is a case where he/she is unable to memory well after the locking. Examining the text message sent and received by the Defendant at the time, the Defendant started with the Defendant’s shoulder blood transfusion and came to purchase the h’s diversity and h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’

3) As to the circumstance that the defendant searched news articles before the victim died

① As a result of the analysis of digital data on the Defendant’s mobile phone, on November 14, 2018, the Defendant read the news articles in 2017 related to murder cases using nicotine using nicotine as the mobile phone, and on February 22, 2019, around one week prior to the victim’s death, the news articles in 2015 were also viewed that the dementia elderly was divided into beer, and the victim was detected from H’s hair and was divided into what is the victim’s death. It is also true that there is a doubt whether the Defendant reported the said news articles and planned to murder the victim.

② However, the Defendant searched news articles of murdered case using nicotine from November 14, 2018 to 18:33:07 to 18:38:10 on November 14, 2018, but did not search relevant articles thereafter, and damage therefrom.

It is difficult to readily conclude that the Defendant planned to murder the victim from around the time, solely on the ground that the Defendant searched the news articles as above five months prior to the victim’s death, on the following grounds: (a) the victim’s cause of death was tensiond, and the news articles in this case and the news articles in this case, the victim’s cause of death was tensiond; and (b) at the time, the Defendant was at the time disputed with H and the victim’s house.

③ Meanwhile, a news article that the Defendant classified the elderly with dementia into a beer, around 01:54 on February 22, 2019. However, it is unclear whether the Defendant actively searched the said news article, or whether the article related to the main body and the main body in the process of the Internet search is likely to look at the news linked to the lower part of the main body. Moreover, it is difficult to readily conclude that the Defendant planned to murder the victim solely on the ground that the Defendant simply classified the victim into beer, and forced the victim to undergo a brupt, or the victim to undergo a bruption.

4) As to the circumstances in which the defendant showed a cooling appearance for the victim's death or has dealt with the victim's salkes without H

A) The Defendant asserts that the victim E, who is the child of the Defendant of Pyeongtaek-gu, and Dong-gu, was 100 days after the birth of the Defendant, and was frightly friend with the victim without care, and that he was frient to the victim. However, the Defendant mentioned the victim’s mother after the victim’s death as “new wall” and “frient death” in her mother in her currency with respect to the victim’s death while her mother was frient with the victim’s her mother, and said her mother as having already known of the cause or time of the victim’s death, or as her mother who was herfried with the victim’s death awareness, did not her infriend with our country. In light of such contradictory attitude of the Defendant, there is room for doubt that the Defendant did not murder the victim.

However, H made a statement at the police station that it was possible for the Defendant to have been aware of the victim’s cause of death or time of death. According to this, it is difficult to readily conclude that the Defendant had already known of the victim’s death cause or time of death solely on the ground that the Defendant merely referred to as “fluence” in the police station after the victim’s death, hearing the possibility of the victim’s death along with H and delivering it to her mother.

Furthermore, the Defendant explained to her mother that 'the reason mentioned above is too sleep so that her mother is sleeped so that her mother is too slick.’ At the time her mother hearss the victim’s death consciousness from the Defendant, or her part of the money with the victim and her mother were flicked, and her mother was slicked to her end or her flicked to her mother in order to her mother’s flick, and such explanation of the Defendant is not acceptable.

B) Meanwhile, on the same day of the death of the victim, the Defendant exchanged with the Tit Lease Collection Business Operator three times to dispose of the Tit Lease where the victim had been swayed, and H remains in Jeju-do on March 3, 2019 when the victim died, all of which was covered by the victim at the time of the death, and there is a strong doubt that the Defendant did not want to destroy evidence after the victim murdering. In light of the Defendant’s behavior, there is also a strong doubt that the Defendant did not want to destroy evidence after the victim murder.

However, the above defendant's act in light of the fact that the defendant was able to contact the third party in the area to dispose of the bit lease, but did not dispose of the bit lease.

In light of the fact that it is difficult to readily conclude that Dong simply attempted to destroy evidence, and that it was difficult for the victim to take advantage of the fact that it was difficult for H to take advantage of the fact that it was difficult for H to take a harsh surface at the time of the victim’s death because the victim was scam and electric scamscamscams, and that it was difficult for H to take advantage of the fact that the Defendant’s scamscam is the Defendant, and that the person who disposed of the scamscamscams, etc. is the Defendant, it cannot be deemed that the Defendant disposed of the scamscams, etc. to destroy evidence, by taking account of the fact that the Defendant would have failed to do the above acts that could have

5) As to the circumstances in which the defendant was suffering from the victim suffering from a reduction in the season, there is a difference between the defendant and the victim.

Although the Defendant did not grow with the victim suffering from a Cheongju house around the time when the victim was enrolled, but sleeps from the second floor bed, the Defendant did not have received medical treatment or purchased medicine at the hospital due to the cause of the reduction, so there is room to view that the Defendant made a false vindication for his albane.

However, in full view of the following facts: (a) the Defendant appears to have become naturally locked with the victim in the process of her mother and her mother’s call on March 3, 2019; and (b) the actual fact that H has confirmed the details of the purchase of typical typium and typium two times in terms of convenience on March 1, 2019; (c) the Defendant appears to have become the Defendant’s defense against the victim who was suffering from the Defendant’s reduction of her body; and (d) it cannot be readily concluded that it was a planned action for the Defendant’s Alba.

6) On May 25, 2019, the Defendant planned murdering Mannam on the part of the Defendant.

On May 25, 2019, which was three months after the death of the victim, the Defendant planned murder and damaged or deserted the body of the Defendant, i.e., Jeonnam-do, which considered that she and E, as a factor of disturbance that she became a h and a smooth family member of H, there is room to consider the possibility of murdering the victim who would be a h and a smooth family member of H as well as Jeonnam-do, in view of the Defendant’s character or a strong coloning of the formation of H.

However, as seen earlier, in order for the Defendant to form a smooth family with E and H, the existence of the victim, who is his child, was essential, and the Defendant seems to have fully recognized such circumstances. As such, it is difficult to deem that the Defendant intended to form a smooth family with H even when he murdered the victim. The Defendant’s act of murdering the Vietnam was conducted after the victim died, not only after the victim died, but also the Defendant committed a crime by formulating a thorough plan to kill the Vietnam in advance, and in this case there is no evidence to deem that the Defendant was making such efforts or having failed to implement the plan in advance, it is reasonable to deem that this does not affect all the Defendant’s judgment of conviction, separately from the case where the Defendant murdered the Vietnam.

7) As to other circumstances, there are circumstances unfavorable to the Defendant, such as the fact that the Defendant, after the death of the victim, injured the husband of the victim, or did not appear to open open color. The Defendant set away within a car parked in the parking lot front of the I apartment commercial building without having a H call on the date of the death of the victim, and the Defendant stated that the victim and H was not able to look at the victim by opening an interim visit even though he was out of the middle door of the day of the death of the victim, or that he did not look at the middle door while preparing food in the kitchen, etc. after the victim’s death. However, the Defendant’s visible behavior after the victim’s death is somewhat proportional and somewhat inconsistent with the Defendant’s statement, it cannot be readily concluded that the Defendant guilty of this part of the facts charged or the Defendant’s criminal was guilty.

7. Conclusion

Therefore, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and it is so decided as per Disposition by publicly announcing the summary of the judgment pursuant to Article 58(2)

The presiding judge, judge and assistant judge;

Judges' Coordination Interest

Judges Kim Gin-han

1) In the indictment, the defendant is responsible for the failure of marriage with the victim due to the fault of the victim. It is expressed as 's 's snick-snick-nick-nick-nick-nick-nick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kicker'.

2) In the indictment, around 16:52 day of the same day, the Defendant written that all of the instant smartphones of the victim was finally raised in the vicinity of the base station located in AD at Jeju. However, the Defendant is dissatisfied with this, and there is no evidence to acknowledge it except the result of tracking the location of the 112 reporting system without admissibility (Evidence No. 1), and ex officio deletes it. 3) Nos. 113 of the evidence records of the case No. 2019Da116 (hereinafter referred to as “Evidence records”).

4) The steam Records No. 2170 to 2190 of the steam Records No. 7

5) Evidence No. 2247 to 2257 of the evidence records

6) Evidence No. 7, No. 2408 of the evidence records

7) Evidence Nos. 883 to 889 of documentary evidence records

8) Evidence No. 227 to 229 of the evidence records

9) The recognition of the parent-child relationship is recognized as the result of comparison between the male genes detected in the bloodtain of the instant penty wall and the genes extracted in each mouth extraction height of the father and mother of the victim (Evidence No. 8, Right 2565 of the Evidence Records). The said male genes are recognized as the victim’s genes. This means the detection of such genes. The same is also the same.

10) Evidence Nos. 8, 2786, 9, 3280 to 3285, 11), evidence records 11, 3712 to 3714, 3904 to 3907, 3912 to 3914, 12, 4, 1394 to 1422, of evidence records

13) Evidence No. 4, 1279 of the evidence records

14) Evidence Nos. 3275 to 3278, 11, 381 to 3902, of evidence records

15) Bloods generated by leaving blood from an object that moves or stops a sudden move.

16) 휴대폰 카메라 부분에 부착하고 휴대폰 플래시를 켠 상태에서 동영상 모드로 촬영을 하면 적외선 카메라가 작동되는 부분을 흰색 점으로 표시함으로써 몰래카메라를 탐지하는 플라스틱 재질 붉은 셀로 판지 제품이다.

17) Evidence No. 10, No. 3625-18) Evidence No. 10, 3558, 3568, 3573 of evidence records

19) Evidence No. 10, 3633, 3634, 20), Evidence No. 10, 3543, 3569, 21), Evidence No. 10, 3494, 3495 of the Evidence Records

22) Evidence No. 3538, 3539, 3566, 3567, 3570, 23) Evidence No. 10, 3511 of evidence records

24) Evidence Nos. 10, 3520, 25 of the evidence record No. 10, 3504, 3509, 3513, 3540, 26 of the evidence record No. 10, 3564 or 3568 of the evidence record No. 10, 3564 or 3568 of the evidence record No. 10, 353, 3555, 28 of the evidence record No. 10, 3620 or 3624, 30 of the evidence record No. 9, 328 or 3234 of the evidence record. However, in a state that an embryo is found to have developed, and the fetus is not visible, or the dead fetus remains in a baby. All natural heritage should be left the stage of mooring before it excludes some cases discharged by an embryo due to her normal pregnancy.

31) In cases of pressureing necks or chests, it means a phenomenon of spawning which appears in the face being taken by a maternal blooder on the side of the face, by blocking the blood flow of cryer and corrected beer from the face to the face in the heart.