2019Gohap520 Ga. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing, etc.)

(b) Causing suicide of an induced person;

(c) Inducement of minors;

(d) Porting a corpse;

2019. Order to attach 201.20(Consolidated)

1. A. (c) d. A

2.b.(c) d. B

Cho Jae-hee, Shin Byung-hee, and Public Trial

Attorney Park Jae-sung (Korean National Election for Defendant A)

Attorney Noh Young-chul (the national election for the defendant B)

February 14, 2020

Defendant A shall be punished by imprisonment with prison labor for thirty years and by imprisonment for twenty five years.

A person subject to an application for attachment order shall be ordered to attach an electronic tracking device for 20 years each, and matters to be observed, such as the attached Form, shall be imposed.

Criminal facts and the facts constituting the request for attachment order

【Criminal Power】

On April 19, 2017, the defendant and the respondent B of the attachment order (hereinafter referred to as the "defendant") were sentenced to eight months of imprisonment with prison labor for larceny at the Suwon District Court on June 15, 2017 and completed the execution of the sentence. On December 13, 2018, the Seoul Central District Court sentenced one year of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on December 22, 2019.

[Criminal Facts] - 2019 Gohap520]

1. Facts of premise;

Defendant A and C (military personnel) established so-called so-called 's home-spam' by attracting runaways through SNS, such as 'D', for the purpose of solving the board and lodging against runaways, and by using them to take profit-making activities, Defendant A and C (military personnel) directed them to do various criminal acts, such as theft and delivery of another person's physical cards (e.g., electronic financial transactions).

In addition, Defendant A and C have used separate names such as E, “F (hereinafter above Defendant A), and “G (C)”, and have maintained and controlled ‘spams using the situation of runawayed juveniles with a weak points for lodging and lodging by thoroughly concealing their personal personal status and making their internal rules so that their identity can not be disclosed to investigation agencies.' In addition, Defendant A and C have committed cruel acts under the name of ‘spam training' and ‘spaming (fighting)' for juveniles who come into one, and without such a life, who want to leave from the ‘spam' life, and who want to leave from the ‘spams' without their speech, intimidation, surveillance, etc. on the ground that they do not listen to their horses.

Defendant B was in contact with Defendant A through “D” on July 2018, and was living in the so-called “I accommodation located in Guro-gu Seoul Metropolitan Government H along with Defendant A, etc. from around that time, and was on the part of Defendant A’s side, such as driving of the vehicle of Defendant A at ordinary times or delivering it to Defendant A upon Defendant A’s instructions.

The victim J(16 years of age) became aware of Defendant A and C through ‘D' on April 2018, and from that time, Defendant A and C et al. were living together with Defendant A and C, etc. from that time until early July 2018, and Defendant A et al. were mobilized for crimes such as taking the victim to find a victim and have the victim take away his wages, and allowing the victim to monitor the runaways, so the 's 's 's 's 's 's 's 's 's 's 'ss 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '

2. Murder of the Defendants, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Murder, etc.) by Defendant A;

Defendant A ("K", "F", "E", "G", and "N" as stated in the above premise facts. From April 2018 to April 1, 2018, the victim and the victim were living together with the victim, who was living together with the victim, who was living together with the victim from home, and knew that he had stolen his money and shoes in his accommodations, and had been living together with the victim, and had the victim known of the fact that he was living together with the victim, the victim would have been able to kill the victim. The victim's murdered the victim from the time of arrest to the police on June 11, 2018, and the victim's murdered the victim's body from the time of his death to the victim's 30 days after his death. The victim and the victim's 30 days after his death to the victim's 30 days after 20 days after 20 days after 20 days after his death to the victim's 30 days after his death to the victim's body.

While the Defendants tracking the victim's whereabouts through the victim's 'D', they listen to the talk that women are in contact with the victim, and asked the P to attract the victim to the place where the victim was designated, and the P accepted the request and expressed the date and place to attract the victim.

At around 16:00 on September 6, 2018, Defendant A sent false words to the effect that she had her talked with P on the Trith ( September 8, 2018) of this week, and had her talked with P on the Trith ( September 8, 2018). On September 21:15, 2018, Defendant A induced P on the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Trith of the Q.

At around 13:00 on September 8, 2018, Defendants: (a) called the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu Military Station and the Yeongdeungpo-gu Seoul Military Branch, etc., and purchased samples to be used in the event of murdering the victim at miscellaneous stores, iron bars, etc.; (b) return to the said I accommodation to the said I accommodation; and (c) contact C around 18:30 on September 18, 2018, the Defendants agreed to the following: (a) “I am in front of the V Bank in Seoul, and I am son son son son son son son son son son son son son wn the promise to attract the victim; and (d) Defendant A and C moved to the scene of the crime; (b) Defendant A and C did not conceal the victim.

On September 8, 2018, Defendants and C arrived at the place of crime on September 19:45, 2018 and arrived at P, so they sent the message of ‘the victim'. Defendant B, who did not know with the victim, was the victim of the above disability as a door-based service provider, and Defendant A and C were concealed in the warehouse surrounding the crime place so that the victim could not be seen.

2018. 9. 8. 20:08경 P, W가 피해자를 유인해 피해자와 함께 택시를 타고 범행장소에 도착하자 피고인 B이 문신업자인 척하고 피해자 등을 마중한 뒤 피해자를 끌고 컨테이너(가건물) 창고 건물 사이로 데려가 피해자의 뒤에서 양팔로 목을 감아 졸라 피해자를 기절시키고, 쓰러진 피해자의 얼굴을 주먹으로 수회 때렸고, 곧이어 피고인 A이 달려들어 피해자의 얼굴을 주먹과 발로 수십 회 때렸으며, 피고인 A이 P 등을 다시 데려다 주기 위해 자리를 비우자, 피해자를 때리는 과정에서 주변 바닥에 피가 많이 흘러 있는 것을 목격한 C는 사람들의 눈에 띌 것을 우려하여 피고인 B과 함께 피해자를 컨테이너 건물 뒤쪽으로 끌고 가 옮겨 놓았다.

After diving, the victim discussed the victim, shoulderer, and C instructed the defendant B, who is next to the victim, to control the victim's neck, and the defendant B, upon receiving this instruction, was put to the defendant B, who gets the victim's neck, and when C took part in the resistance, he gets the victim to die.

As a result, Defendant A conspired with C to provide a criminal investigation report and provided a statement to the victim in collusion with C for the purpose of retaliationing the victim, the Defendants conspired with C to kill the victim who is a minor.

3. Concealment of carcasses;

The Defendants and C, as described in paragraph 2, were killed by the victim J and tried to get off the clothes worn by the victim as planned as described in paragraph 2 to conceal the crime, and buried the body in the nearby camping area.

On September 8, 2018, the Defendants and C killed the victim on or around 21:00, and then cut the victim's body in shifts along with each other, and used the insertion that Defendant A and C moved to the area around the cemetery X located in the Osan City where water is in colored and purchased in advance, making it difficult to find the victim's body by placing approximately 35 cm depth of 00cm away from the forest surrounding the cemetery.

Accordingly, the Defendants concealed the body in collusion with C.

[Fact of the cause for the request for attachment order] - "2019, 200."

The Defendants: (a) enticed the victim from using P, etc., a third party, in which his/her personal body might flee; (b) strokeed the victim’s neck; and (c) murdered and concealed the body in the ground to conceal the crime; and (d) in light of the importance of the crime of this case and the method of committing the crime, the Defendants were highly likely to repeat the crime; and (b) there is a need to impose necessary matters on the Defendants to order the attachment of location tracking electronic device, to prevent recidivism, and to correct his/her character and behavior.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecution against theO;

1. Each police suspect interrogation protocol for Y, W;

1. Each police statement of the Z, AA, AB, AC, AD, AE, AF, AH, AI, AJ, AK, AL, and AM;

1. A written statement ofN;

1. Each protocol of seizure and the list of seizure;

1. A report on internal investigation (including attached materials, as evidence list Nos. 9, 14, 17, 28, 33 through 35, 39, 41, 43, 48, 55, 64, 68, 74, 84, 134, 136, 140, 148, and each attached material), investigation report (including evidence list No. 144, 151, 161, 164, 168, 171, 210 through 214, 230, 239, 245, 248, 266, and each attached material);

1. Report on the occurrence of a disaster, recommendation for direction, physical list at the scene of a disaster, report on the results of field identification, records of identification at the scene of a disaster, report on the results of investigation of a person who has suffered from a disaster, report on the results of appraisal, such as head and safinent of a disaster, and a written appraisal of autopsy;

1. Each D message;

1. Previous convictions in judgment: Criminal history records, inquiry reports (determinations of suspects B and confirmation of cases during the suspect A's continuous trial), and significant facts to this court;

1. The risk of recidivism: ① Defendant B proposed to kill the victim on the ground that the victim was born during the period of repeated crime; ② Defendants planned to commit the crime of this case, such as preparing the victim to commit the crime; ② Defendants were able to conceal the victim’s face after killing the victim; ③ Defendants were able to murder the victim on the ground that the victim’s mental disorder was high or high in quality of recidivism; ② Defendants were imprecing the victim’s mental disorder again in light of the following circumstances: (i) Defendant B’s risk of recidivism at the age of 6G; (ii) Defendant B’s risk of recidivism at the age of recidivism; and (iii) Defendant B’s risk of recidivism at the age of recidivism; and (iii) Defendant C’s risk of recidivism at the age of recidivism; and (iv) Defendant C’s risk of recidivism at the age of recidivism at the age of the victim; and (iii) Defendant C’s risk of recidivism at the age of recidivism at the age of recidivism; and (iv) Defendant C’s risk of recidivism at the age of recidivism.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 5-9(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 250(1) and 30 of the Criminal Act, Articles 291(1), 287, and 30 of the Criminal Act, Articles 161(1), and 30 of the Criminal Act

(b) Defendant B: Articles 291(1), 287, and 30 of the Criminal Act, and Articles 161(1) and 30 of the Criminal Act

1. Formal concurrence (Defendant A);

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the homicide of an induced person, and the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of which punishment is heavier)

1. Selection of a sentence;

In regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Lessingings, etc.) and the crime of causing suicide

1. Aggravation of repeated crimes (Defendant B);

The proviso to Article 35 and the proviso to Article 42 of the Criminal Act (as there is a criminal record of larceny, the execution of which was completed on June 15, 2017),

1. Handling concurrent crimes (Defendant B);

The latter part of Article 37 and Article 39(1) of the Criminal Act (the crimes of the above and the crimes of the Electronic Financial Transactions Act committed on January 22, 2019)

1. Aggravation of concurrent crimes (defendants);

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act [Aggravation of concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act, as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, to the extent that the punishment against Defendant A is added to the punishment provided for in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which

1. Issuing orders to attach location tracking devices and matters to be observed (the accused);

Article 5(3), 9(1)1, and 9-2(1)1, 2-2, and 3 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders

Reasons for sentencing

1. The defendant;

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 10 years up to 37 years;

(b) Scope of the recommended sentence according to the sentencing criteria (the sentencing criteria are not applicable in the case where the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of genocide of induced persons are in a mutually concurrent relationship, but the sentencing criteria are to be taken into consideration for reference);

1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Murder, etc.)

[Determination of Punishment] homicide (Type 3]

[Special Sentencings] Reductions: Reductions (including serious efforts for recovery of damage)

Aggravations: planned murder crimes, victims vulnerable to crimes, and cruel criminal methods;

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment with prison labor for more than 18 years,

2) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than 18 years (a concurrent crime with a crime that has not set the sentencing criteria (a crime of concealment of dead bodies))

3) Scope of recommended sentences as modified by applicable sentences: Imprisonment of 18 years to 37 years (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, it shall be in accordance with the statutory applicable sentences).

(c) Determination of sentence: 30 years of imprisonment;

The absolute value of human life cannot be altered, and in all circumstances, the crime of murder is the most important value that cannot be recovered in any way. The crime of murder, concealment of dead bodies, etc. is a serious crime that takes the life of a person who is the most valuable value that cannot be recovered. The crime of murder, concealment of dead bodies, etc. is intended for a minor who was released. The defendant conspired with B, etc. in advance, etc. to gather the method of crime, prepare the instrument of crime, etc., and the method of murder is very harsh. Furthermore, even though the defendant led to the crime of this case, he is partly responsible to B, etc. for the specific circumstances.

Therefore, even if considering favorable circumstances, such as the fact that the defendant recognizes all of the crimes, the victim's attachment does not want the punishment of the defendant, and the fact that the defendant has no record of criminal punishment exceeding the fine, it is inevitable to punish the defendant with severe punishment corresponding to each of the crimes of this case.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in pleadings, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.

2. Defendant B

(a) Scope of applicable sentences under law: Imprisonment with prison labor for up to 50 years;

B. Sentencing is not applicable to the latter concurrent crimes of Article 37 of the Criminal Code.

(c) Determination of sentence: 25 years of imprisonment;

The absolute value that should be protected in all circumstances is as much as the life of a person cannot be altered, and the murder crime is a serious crime that deprives the life of a person, which is the most important value that cannot be recovered in any way. The Defendant, even during the repeated crime period, conspired with A, etc. to commit the crime in a planned and organized manner, such as gathering the method of crime in advance and preparing the criminal implements, and the method of murder is very harsh.

Therefore, even if considering favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes, the victim's reference does not want the punishment of the defendant, the fact that the defendant has no record of criminal punishment for the same kind of crime and violent crime, and some of the crimes recorded in the records of the judgment that became final and conclusive and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that equity should be considered, it is inevitable to punish the defendant significantly corresponding to each of the crimes in this case.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in pleadings, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.

The acquittal portion

1. Summary of the facts charged (the point of attracting minors);

The summary of this part of the facts charged is that the Defendants conspired with P and W in collusion with the victim J who is a minor, as stated in paragraph (2) of the facts charged in the judgment of the Defendants.

2. Determination

A. In addition to the crime of aiding and abetting a minor, the prosecutor prosecuted the Defendants on the charges of inducing a minor to commit the crime of aiding and abetting a minor, and found them guilty on the part of aiding and abetting a minor as stated in paragraph (2) of the facts constituting the crime.

B. However, the crime of murdering a person who is a minor under Article 287 of the Criminal Act constitutes a combination of the crime of inducing a minor and the crime of inducing a minor, and thus, if the crime of inducing a minor is established, the crime of inducing a minor is not established separately.

3. Conclusion

Thus, since this part of the facts charged is not a crime, it should be pronounced not guilty under the former part of Article 325 of the Criminal Procedure Act because it constitutes a case that does not constitute a crime, but as long as it is found guilty of a crime of aiding and abetting, it shall not be sentenced separately in the text.

Judges Lee Chang-he

Judges Choi Gyeong-hoon

Justices Kim Song-chul

A person shall be appointed.