2012Gohap439 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.);

Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Rape, etc.)

2012. Consolidated order for attachment

A

Maternity (prosecution, public trial)

Attorney B (Korean National Assembly)

November 22, 2012

A defendant shall be punished by imprisonment for life.

excessive one (Evidence No. 1), blue Mack (Evidence No. 2), and one blue tape (Evidence No. 3) confiscated shall be confiscated, respectively.

Disclosure of information on the accused shall be made public through an information and communications network for ten years.

The defendant shall be notified of the information for 10 years.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

Criminal facts and the facts constituting the attachment order

Criminal Power

On March 7, 191, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendants") were sentenced to two years of imprisonment at the High Military Court in the Army, the Army, etc. [the facts of crime were that the defendant invadeds on the house of the main body of his family, rapes on the house of his divorced woman, and attempted to commit rapes by intrusion on the house of his divorced woman, and sentenced to five years of imprisonment with prison labor for the crime of rapes in the Gwangju District Court's net support on January 9, 1998 [the facts of crime are excessive around August 15, 1997; the defendant entered the toilet, the main body of his family, and tried to commit rapes in accordance with the above attempted rapes; the defendant was sentenced to seven years of imprisonment with prison labor from the Seoul High Court on August 11, 2004, and the violation of the Act on the Punishment of Sexual Violence Crimes and Protection, etc. of Victims (Rape, etc.)] and completed rapes at the same time as the court in the 2nd 19.

Criminal facts

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On July 31, 2012, the Defendant: (a) around July 31, 2012, the Defendant: (b) reported that the victim E, a main father, was entering the second floor of 2nd floor in Seoul Jung-gu, and had a mind to rape the victim.

At around 1:30 on August 7, 2012, the Defendant opened the 1st floor door of the victim's house and opened the string of the victim's house, and took the string of the defendant's boom and string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2.

Accordingly, the defendant invadedd the victim's house with dangerous things, and raped the victim.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

On August 19, 2012, the Defendant: (a) viewed obscenity videos (hereinafter referred to as “clocks”) stored in the Defendant’s house located in Jung-gu Seoul Metropolitan Government G around the night on August 19, 2012; (b) started diving to the Defendant’s work office around 06:40 of the same month following that day; (c) went back to the Defendant’s work office located in Seongbuk-gu Seoul Metropolitan Government H; and (d) went to the Defendant’s work office while getting off the subway and going back to the house; (d) brought the Defendant’s sexual desire to commit rape by reporting the women working in the workplace in Seongbuk-gu, Seoul; and (e) Non-Party(s) who was a product dangerous to the Defendant’s house and rape, prepared for the aforesaid excessive, construction tape, and make, which were dangerous to the Defendant’s house, and then put the other party into the Defendant’s house near the Gwangjin-gu Seoul Special Metropolitan City housing.

On August 20, 2012, at around 09:20 on August 20, 2012, the Defendant: (a) had two children from the 2nd floor in Gwangjin-gu Seoul Special Metropolitan City, with his own house to board the school bus to the school bus; (b) had a mind to rape the victim; (c) had the victim go through the first floor gate, going together with his children, going through the second floor gate of the victim’s house, opened the door door with the second floor gate of the victim’s house, opened the door door, and kept the door door, concealed the new door that the Defendant reported to him into the house, and concealed him later.

Although the Defendant tried to suppress the victim by stating that it is excessive to the face of the victim who enters the inside, “hacking .....” The victim saw the victim “hacking her person,” and saw the victim as “hacking her door,” the victim’s knife away from the door to the door, and then put the victim’s knife at the end of the victim’s knife, and continued to put the victim’s knife. When the victim’s knife knife, the victim knife the victim’s knife, and knife the victim’s knife, and knife the victim’s knife, knife the victim’s knife, knife, knife the victim’s knife.

Therefore, even though the defendant was at the time of drinking the victim's face, the victim's milch sch flick flick flick, but the victim did not stop, but flicked the victim's face, breast, distribution, etc. over several times, and flicked the victim's head flick flick, and flicked the victim's head flick flick flick.

In order for the victim to temporarily stop her resistance and gather crisis, the defendant: (a) the defect that “I will see that the son of a kindergarten if sent to the kindergarten.” (b) the victim “I will send her fluort fluort fluort fluort fluort fluort,” (b) the victim’s hand her hand her hand to be blicker on the clothes blring, re-fluord with a tape for construction work so that the victim can no longer sound, and then she was placed in the bar and found the victim’s children, and then she tried to remove the tape from the inside and remove the tape at the bar, and then she still opened the victim’s body and fluort fluort fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor f,” (b) the victim, despite of this, the victim’s.

As a result, the defendant invaded the house of the victim with dangerous objects, and attempted to rape the victim, and murdered the victim at the wind of the police officer who was reported about rape.

Facts of the cause of attachment order

As such, the Defendant committed a sexual crime more than twice, and was sentenced to imprisonment with prison labor, and did not run one year after the completion of the execution of the sentence, and even if he was attached with an electronic tracking device for a sexual crime, the Defendant committed a sexual crime, and thus, committed a sexual crime, and thus, is likely to commit a recidivism.

Summary of Evidence

Facts No. 1

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation, on-site photograph (Evidence No. 2, No. 10 to 19), investigation report (Evidence No. 2, No. 90);

1. A report on information on an electronic device subject to attachment (the accused);

1. A complaint;

1. Requests for appraisal (the 2nd to 7th page of evidence records), and requests for appraisal (the 2nd to 2nd page of evidence records), and requests for appraisal (the 2nd to 97th page of evidence records);

Facts of Decision 2

1. Defendant's legal statement;

1. Each police protocol of statement against M and N;

1. Investigation report, cryp photographic (Evidence No. 1, No. 60 to 68 of the evidence record), investigation report and photograph (Evidence No. 1, No. 1323 through 144 of the evidence record);

1. Records and lists, and photographs of seized articles;

1. Protocol of inspection of evidence, photographs of cryp;

1. A written autopsy and appraisal;

1. A death diagnosis report and an emergency medical service log;

1. On-site and victim photographs;

1. Photographs of the suspect;

Criminal Records

1. A copy of the inquiry about criminal records, personal identification and confinement status, investigation report (report accompanied by a copy of the judgment), and a copy of the decision to attach an attachment order;

The risk of recidivism in the judgment

1. As acknowledged by the above evidence, KRAS-R appraisal report and PCL-R appraisal report, interview results, and investigation report prior to a request for an attachment order, the accused has been sentenced to imprisonment for a sexual crime committed on or before April 21, 2004, and seven years have not yet passed since the execution of the sentence was completed for more than nine months, and thus, again commits the crime in this case more than two times. The above punishment and the crime in this case committed by the Defendant intrudes upon the victims' residence with dangerous weapons, and the Defendant continues to commit sexual assault offenses under the same law, and the risk assessment level of recidivism (KSAS-R) and the risk assessment level of recidivism against the Defendant, as a result of the crime in this case’s violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery, etc.). In full view of the above facts, the Defendant’s age and risk assessment level of recidivism, as well as the Defendant’s personality, behavior and risk assessment level of recidivism against the Defendant.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the occupation of rapes and rapes, the choice of limited imprisonment), Articles 9(1), 14, and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 297 of the Criminal Act (the occupation of rapes and the choice of life style)

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act (with respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (No other punishment shall be imposed, since a person selects a punishment for life in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has heavier punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. An order for disclosure;

Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to notify;

Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Registration of personal information referred to in Article 9 (1) 1, and Article 5 (1) 1, 2, and 3 of the Act on the Electronic Monitoring, etc. of Specific Crime Offenders subject to Attachment Orders;

Where a conviction of the Defendant against the instant crime is finalized, the Defendant becomes a person subject to registration of personal information under Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent authority pursuant to Article 33 of the same Act.

Reasons for sentencing

1. Scope of legal applicable sentences: Life imprisonment;

2. Scope of recommendations according to the sentencing criteria;

(a) A violation of the Act on the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] A sex offender group, general standards, rape (subject to at least 13 years of age), intrusion upon residence, etc. (Type 2)

[Scope of Recommendation] Imprisonment with prison labor for not less than seven years and six months, and not more than 12 years;

(b) A violation of the Act on the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] homicide and homicide (Type 4) combined with serious crimes

[Special Aggravation] Cumulative Crimes under the Act on Special Cases Concerning the Punishment of Specific violent Crimes

[Scope of Recommendation] Imprisonment with prison labor for not less than 20 years and life imprisonment for more than 20 years. The scope of punishment recommended according to the sentencing guidelines and the scope of punishment recommended according to the sentencing guidelines, and the related life imprisonment and more than 1/2 of the upper limit of the sentence scope of crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) shall be added to the upper limit of the sentence scope of crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) which is a basic crime. However, since the scope of sentence recommended by the sentencing guidelines is not inconsistent with the sentencing range, it shall not be added to the upper limit of the applicable sentences under law.]

3. Determination of sentence;

A. Sentencing elements of the instant case

According to the above evidence and records, the following circumstances are recognized:

1) Family relation, growth process, educational degree, occupation and experience, personality, conduct, age, etc. of the defendant

A) On December 28, 1969, the Defendant was born 6th among 7 South and North Korean women in the Jeonnam case. The Defendant’s father did not have been well aware of various activities, such as a bath boiler and booming labor, and did not take any responsibility for his family’s livelihood, and assault the Defendant’s mother or the Defendant’s body’s body after drinking. On behalf of the Defendant’s father, the Defendant’s mother did not have sufficient support and emotional support for his guardian in an unstable environment where the family was dissatisfyed by violence, and the Defendant’s family was economically poor. The investigator who conducted an investigation before the Defendant’s request for an attachment order against the Defendant was found to have formed the Defendant’s family life with the Defendant’s mother’s mother’s breathy funeral and old booming.

B) The Defendant admitted to an elementary school on March 4, 1978, when he was eight years of age. According to the Defendant’s elementary school life records, it was pointed out that: (a) the Defendant did not have academic performance for six years at an elementary school; and (b) the Defendant’s special engineer in the behavioral development, stating that “it is uncertain and uncertain; (c) lack of liability and cooperative mind”; and (d) “I lack of self-esteem and cause a refusal to do so immediately.”

C) Around 14 years old, the Defendant graduated from an elementary school on February 17, 1984, and entered a school on March 3, 198 of the same year. The economic environment of the family was still lacking, and the Defendant’s sentences were scattered out of the school after graduation from an elementary school or early retirement from an elementary school. The Defendant began to repeated withdrawal from the middle school in the second year due to such disasters and the parent’s dissipation, and began to take place in the middle school, such as migration of abandoned houses, or theft of drinking in Schlage, and entered the nearby area for the first time with the female living in the middle school in the middle school in the second year, and entered the middle school in the middle school in the middle school in the middle school in 1986, and was found to have been subject to juvenile protective disposition, “The Defendant’s parents, other than the Defendant’s parents, did not have any special record of attending the middle school, but did not appear to have been able to have taken comprehensive account of his behavior and behavior in middle school development.”

D) Around 17 years of age, the Defendant graduated from a middle school on February 17, 1987, which was 17 years of age, and went to Seoul, and the fourth year that was engaged in the domestic industry in Seoul. The Defendant was working at a home industry company for a period of one month, but the Defendant retired from home industry for a period of one month, and was retired from home industry, and did not meet the aptitude, and was living in the P’s salary-wing factory, and was living in a disturbance, such as sexual intercourse, by entering the 10th day of each month. On March 6 of the same year, the 1988, the Defendant was working in the home container manufacturing factory at Busan, and was living in the dormitory or a home house, and was enrolled in a high school on March 6, 198, and completed the education. The Defendant was a drinking-free relationship, such as a drinking-free relationship, with women who were fluencing at home and at home.

E) Since 21 years old and around 201, the Defendant was sentenced to punishment for sexual assault crimes, etc., and was sentenced to punishment in prison for the period of 41 years old and over 2011, and was sentenced to imprisonment for a total of 18 years in prison, repeated recidivism, repeated confinement in prison after release, and five times, and was sentenced to imprisonment for a total of 18 years. On January 9, 1998, 28, the Defendant released from prison on September 21, 2002, who was 32 years old and was sentenced to imprisonment for sexual assault crimes, and took work in Seoul, and took work at the former Corporation’s workplace. However, even if the Defendant was sentenced to imprisonment for a year of 10 years and 1 year and 5 months, who was sentenced to imprisonment for sexual assault crimes, and was sentenced to imprisonment for more than 17 years, then the relationship was interrupted.

F) On August 29, 201, the Defendant was under 41 years of age, and was issued an order to attach an electronic tracking device for seven years on the ground of the risk of recidivism of sexual assault crimes. On November 9, 2011, the Defendant was released from the prison term of seven years on the ground that he did not have committed sexual assault crimes at least twice at the Daegu District Court’s sexual support. On the other hand, the Defendant was released from the prison term for the said seven years. The Defendant was living together in Seoul, and was under the influence of drinking almost every day after maintaining a narrow human relationship, and was under the influence of obscenity, and was under the influence of drinking alcohol with women or sexual intercourse with women through hosting, and was under the influence of 00,000 won by using the Defendant’s daily life at least 180,000 won per month, and was under the influence of 200,000 won by using the Defendant’s credit card at least 20,000 won per month.

2) Defendant’s history of crime

A) On March 7, 1991, the Defendant: (a) went into the military as a short-term private soldier in 1989; (b) went into the military; (c) went into the military; and (d) went into the military during the service period; (d) went into rape and attempted rape; and (e) was sentenced to a two-year imprisonment for rape and attempted rape in an attempted rape; (d) was sentenced to a two-year imprisonment at the Army, the High Military Court at the Army, etc. and released from the military prison on April 192.

B) On May 21, 1993, the Defendant again committed a violation of the Punishment of Robbery, Injury, and Violence, etc. Act on the grounds that money needs to be paid for a long time after release, and the Defendant was sentenced to imprisonment for three and a half years at the Gwangju High Court on May 21, 1993, and completed the execution of the said sentence in a wooden prison on April 26, 1996.

C) The Defendant was sentenced to five years of imprisonment with prison labor in the Gwangju District Court’s net support on September 1, 1998 and completed the execution of the said punishment on September 21, 2002 by the Daegu Prison on the following grounds: (a) the Defendant had been sentenced to imprisonment with prison labor for a more than one year and three months after the release of the Defendant: (b) had been sentenced to the Defendant’s awareness of rape; (c) had the victim’s resistance following the victim’s house; and (d) had attempted to engage in sexual intercourse after suppressing the victim’s resistance; (d) had his father and wife’s attempted sexual intercourse; and (e) had been forced to engage in sexual intercourse; and (e) had the victim’s sexual intercourse with his order requiring two weeks’ treatment.

D) On August 11, 2004, when about one year and seven months have passed after the discharge, the Defendant: (a) was sentenced to imprisonment with prison labor at Seoul High Court on August 26, 2005; (b) on August 26, 2005, on the ground that he was sentenced to six months in prison at the Gwangju District Court on August 26, 2005, on the ground that he was sentenced to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special robbery, etc.) and the Act on the Protection, etc. of Victims, etc.; and (c) on November 9, 201, the Defendant was sentenced to imprisonment with prison labor at the Gyeonggi District Court on August 26, 2005, and completed the enforcement of the said sentence in the Gyeonggi District Court on November 29, 2011.

E) In addition, the Defendant was sentenced to a fine of KRW 200,000 in Seoul Western District Court on January 24, 1997, and was sentenced to a fine of KRW 700,000 as a violation of the Road Traffic Act at the Seoul Northern District Court on March 7, 2003, at the Suwon District Court on November 26, 2004, to a fine of KRW 1 million as an injury, at the Suwon District Court on November 18, 201, and at the Suwon District Court on November 18, 201, the Defendant was sentenced to a fine of KRW 2 million as an injury. The unpaid fine was from April 7, 2012 to May 15, 2012.

3) The defendant's intelligence, character, character, and psychological characteristics

가) 피고인에 대한 웩슬러 성인용 지능검사(K-WAIS) 결과 전체지능지수(IQ)가 103으로 “평균” 수준의 지적기능을 유지하고 있는 것으로 평가되어, 인지 능력은 정상 범주에 속하는 것으로 판단된다.

B) On the characteristics of the Defendant’s accident, the above investigator 0 evaluated that “I think that I think I have suffered unfair and treatment, and there are many awareness of harm, such as provoking, suspicion and boundary of people around, and tendency to commit any act and contact with others and society.” Furthermore, as to emotional and behavioral characteristics, the Defendant considered that “the Defendant, while growing, had no experience of love, interest, and psychological support from his parents and people around, she did not seem to have a sense of isolation, Nonparty sense, and awareness of damage.” Meanwhile, as a result of the examination (BDI), it was judged that I expressed that I expressed that I would like to commit rape in the area of sexual intercourse with the Defendant, such as sexual intercourse with the victim, and that I expressed that “The Defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexual.”

C) A slope V, in which the criminal investigation agency had interviewed the criminal defendant, is difficult to expect that the criminal defendant would have a emotional ability by treating and separating the fear or fear of fear due to domestic violence and neglect of the youth, etc., and it is difficult to find the criminal defendant's own expectation of change because of the negative perception on him/her (such as he/she cannot be changed because he/she becomes a malicious horse).

The defendant has strong tendency to act in order to solve his/her own sexual desire by combining his/her own-centered thinking, sexual desire and impulses, and does not endeavor to take into account the result of his/her sexual desire. In addition, the defendant analyzed that "it shows cognitive characteristics that attracts another person (sexual female) as a tool to solve his/her sexual desire." (No. 1st, No. 443, 444 of evidentiary records).

D) In addition, the Defendant’s risk of recidivism was predicted to have increased the risk of recidivism of the Defendant as a result of the application of the KSOAS-R and PCL-R to the Korean sex offender’s risk assessment level (KSAS-R) and the PC-R.

4) Details of the crime, the means and method of the crime, the result of the crime, the circumstances after the crime, etc.

A) On July 31, 2012, the Defendant: (a) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Offense of Violation of the Act on the Punishment, etc. of Sexual Crimes) (1) in the judgment; (b) around July 31, 2012, the Defendant, on the part of the Defendant getting on and out of the lebane, led the victim to enter the lebane; and (c) led the Defendant to rape the victim. Before that time, the Defendant had no relationship with the victim. On August 7, 2012, the Defendant got out of the lebath and went into the gate of the victim; (d) the Defendant was able to take advantage of the victim’s lebbath from the Defendant’s physicalization to the inside of the victim; (d) threatened the victim with his son’s son; and (e) led the victim to rape as described in paragraph (1) of the judgment. The Defendant was unable to report the completion of the crime after reporting the victim.

(2) The victim is the mother of the child under the age of 4 and 3 as the principal father. As to the instant crime, in an investigative agency, the victim complained of the suffering from the instant crime, “I want to punish the Defendant, and the husband or the surrounding person currently married in the present marriage. There is no mind about how we can see the appearance, and how we can see how we can see.” (No. 2 & 30 pages of evidence record).

(3) Meanwhile, at the time of the occurrence of the instant crime, the criminal was not identified at the time of the instant crime, and the criminal was arrested and detained as a criminal in violation of Article 2(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) on August 20, 2012. However, the analysis of the Defendant’s DNA type due to the crime under Article 2(2) of the above judgment was conducted on August 31, 2012, it was confirmed that the Defendant’s DNA type corresponds to the DNA type secured from evidence of the crime under Article 1(1) of the above judgment, and accordingly, the Defendant was identified as the criminal of the instant crime under Article 1(1) of the judgment. The Defendant did not think that there was a significant impact on the lower court on the Defendant. However, it was difficult to understand that the victim was guilty of the fact of the crime even if he was aware of the victim’s damage due to the crime.

B) The offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in paragraph (2) of the judgment

(n):

(1) 피고인은 2012. 8. 20. 지하철에서 출근하던 여자들을 보고 강간을 하기로 마음을 먹고, 피곤하면 성기가 완전히 발기되지 않는다는 생각에 발기부전 치료제인 비아그라를 먹고, “길을 지나가다가 혼자 집에 들어가는 여자를 보면 바로 뒤따라 들어가서 칼로 위협하고 청테이프로 손을 묶은 뒤 강간을 하려는" (증거기록 제 1권 233면) 생각으로 과도와 공사용 테이프, 마스크를 준비한 후 주택가를 배회하던 중, 우연히 그 전까지 전혀 본 적도 없었던 사이의 피해자가 아이들 2명을 데리고 나오면서 현관 출입문을 잠그지 않는 것을 보고 피해자를 범행대상으로 하기로 결정한 후 피해자의 집에 들어가 숨어 피해자를 기다렸다. 피고인은 집으로 돌아온 피해자에게 과도를 들이대며 판시 제2항 기재와 같이 피해자를 극심하게 폭행하면서 피해자를 억압하려 하였다. 피해자의 집에서 비명소리, “쿵쿵거리는 소리 등을 들어 이상하게 생각한 이웃 주민의 신고로 경찰관이 출동하여 피해자의 집 현관에 도착하자, 피해자는 도움을 구할 목적으로 현관문을 열었는데, 그 순간 피고인은 과도로 피해자의 목, 뒤통수 등을 4회 찔러 피해자는 결국 같은 날 12:42경 목부위 자창으로 인한 저혈량성 쇼크로 사망하였다.

(2) As to the fact that the Defendant committed a cruel and cruel crime, so far as 4 times or more of brushness, the Defendant appeared to have been committing the crime, i.e., murdering cruel and cruelly on the 4th century, the Defendant stated that “The 4th anniversary of the crush that the police officers were committing the crime, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k,”.

(3) Upon the completion of the instant crime, the Defendant was arrested by the police officers who were dispatched before the victim’s house. The Defendant stated in detail about the process of the instant crime and led to the Defendant to make a confession, on the other hand, the tendency to rationalize the instant crime was also shown below.

(4) The injured party is the father’s mother of the 5-year old her father and the son’s mother of the 4-year old her father. The family members of the injured party, who have become the mother, are suffering from extreme pain due to the instant crime. The injured party’s bereaved family members want to punish the Defendant.

5) The attitude of the criminal defendant in an investigative agency and in this court, whether he/she is against the criminal defendant, and fear of re-offending

A) In an investigative agency and this court, the Defendant stated in detail that it was difficult for the Defendant to find out that all of the instant crimes were committed, and that it was difficult if the Defendant did not make a statement. In addition, the Defendant revealed that there was a misunderstanding in this court, and that it was insufficient for the Defendant to sufficiently express his/her intention that the mistake was divided.

B) On the other hand, on the other hand, the defendant thought that he would have been able to enter a prison due to an accident that is difficult to live," but thought that he would commit rape. (No. 19 of the evidence record) The defendant was able to think that she would have been able to commit the crime of this case by committing the crime of this case by committing the crime of this case, and that she would have been unable to prosecute 27 years after rape of other women before the past, and that she would have been subject to an electronic attachment order of 7 years retroactively applied the law, and that she would have been able to think that she would have been unable to prosecute 10 days after her call at the control center under the Ministry of Justice, and that she would have been unable to prosecute 27 days after she was able to have been under the direction of the victim of this case, and that she could not have been under the direction of the victim of this case, and that she could not have been under the direction of the victim of this case.

C) Examining the criminal records, character and psychological characteristics of the Defendant, and the contents of the instant crime, the risk of recidivism of sexual assault by the Defendant is deemed to be urgent.

6) Degree of damage recovery

After each of the crimes in this case, the Defendant did not make any effort to recover damage to the victims and their bereaved family members, and in light of the form of the Defendant that has shown so far, it does not seem to have any intent to recover damage to the Defendant.

(b) Determination of sentence;

1) Although the Defendant had been punished several times by intrusion upon a female-born residence, and committing a crime threatening the victim and committing rape, etc., the Defendant, as described in paragraph (1) of the same Act, was committed again at the time when the execution of the punishment was completed, and only 13 days thereafter, was prevented from committing rape under the same number of laws, as described in paragraph (2) of the same Article, and was also tried to kill the victim.

The Defendant committed the instant crime in a discriminatory manner by carrying out the subject of the instant crime, and committed the instant crime against the residence of the victims who should be able to enjoy peace and safety on the basis of human life, and was in violation of the means to commit the instant crime, and there is a high possibility of criticism in light of the means to commit the instant crime.

Furthermore, the result of the crime of this case is too significant and particularly significant, and the crime of rape in accordance with Paragraph 2 of the judgment of the court below, the victim lost her life, and the bereaved family members who lost her heavy family as a result of the crime of this case were suffering from slurry and pain. On the other hand, the defendant has been punished for the crime of sexual assault for a long time, even though she was attached to the location tracking device for the purpose of suppressing the crime, and even she again committed the crime of this case without any reflect or edification even though she was attached to the location tracking device for the purpose of suppressing the crime, and rather, the victim and her bereaved family members, as well as her family members, feel a great shock and decentralization.

Nevertheless, the defendant is not guilty of the location tracking device or his/her own situation, and rationalizings his/her criminal act, and does not seem to have a sense of harming the suffering of the victim and his/her bereaved family members caused by the defendant's criminal act.

Considering these circumstances and the conditions of all the sentencing considering abnormal circumstances such as the habituality of sex crimes shown by the accused, the sentence to completely isolate the accused from this society should be imposed.

2) As the statutory penalty for the instant crime is death penalty or imprisonment for life, the prosecutor sought the death penalty, and the bereaved families and general citizens who want to receive the death penalty were also presented in this court.

In light of the fact that the death penalty is an extremely cold punishment that causes a death penalty to be imposed by the marbling nation, the Supreme Court should permit only when there are objective circumstances to recognize it in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, in sentencing death penalty, it should be clearly determined by comprehensively considering the following: (a) the age, occupation and career of the offender, character and behavior, intelligence, education degree, family relation, victim’s motive, degree of preparation, method and method of the crime; (b) the degree of life imprisonment with prison labor for a limited term of 1 to 4 years; (c) the maximum imprisonment with prison labor for a limited term of 2 to 5 years; (d) the maximum imprisonment with prison labor for a limited term of 2 to 4 years before the sentence is imposed; (e) the maximum imprisonment with prison labor for a limited term of 5 years; and (e) the maximum imprisonment with prison labor for a limited term of 2 to 20 years before the sentence is not sufficient to be imposed; and (e) the maximum imprisonment with prison labor for 4 years after the sentence is not more than 205 years after the sentence.

In addition, as long as the death penalty is the most cold punishment in our legal system that deprives of the right to life, it is necessary to carefully assess whether to choose the death penalty in the case in question, taking into account the sentencing in other similar cases of the same or similar kind of crime.

In addition, considering the special characteristics as a punishment of death penalty and its strictness or balance with the general sentencing in other similar cases, all of the sentencing conditions as seen above, namely, family relation of the defendant, growth process, education course, occupation and experience, age, career, criminal records, character, character, character, character, and psychological characteristics, circumstances of the crime, the method and method of the crime, the following circumstances after the crime, the attitude of the defendant in an investigation agency and in this court, reflectivity, fear of recidivism, the degree of recovery of damage, etc., even though it is sufficiently recognized that the defendant is in need of protecting society from the risk of recidivism, and at the same time, the defendant's freedom is deprived of his freedom and has been isolated from society and the responsibility for the crime is sufficiently recognized, in light of the degree of responsibility for the crime of this case and the purpose of the punishment of this case, it is difficult to see that there is an objective circumstance to recognize that the defendant has any special circumstance that can be justified, or that the defendant has been living in this case's life in this world is compatible with the nation or society.

3) Accordingly, this Court decides to select the Defendant’s life imprisonment sentence, and it is so decided as per Disposition.

The presiding judge, Kim Jae-ho

Judges Kim Gi-tae

Judges Lee Yong-hoon