2016 Highis299, 2016 Highis367 (Consolidation)

violation of the Act on the Protection, Use, etc. of Location Information;

Violation of the Act on Special Cases concerning Traffic Accident Settlement

2016. Written order for attachment (Joint)

2016 Initial 1992 (Joint Probation) Probation

A person subject to an attachment order and a person subject to a probation order;

A, Non-Service

Residence

Reference domicile

Maximum Chang-ho, Na Chang-ho (Public Prosecution), Song-ho, Park Jong-young (Public Trial)

Law Firm Dong-dong, Law Firm

Attorney Kim Shin-ho

September 28, 2016

A defendant shall be punished by imprisonment for life.

A knife (No. 7), a Handphone (No. 10), a location tracking device (No. 13)

each confiscation.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed as stated in the attached Form shall be imposed on the person subject to the request for attachment order.

Criminal facts and the facts constituting the request for attachment order

【Criminal Facts】

“2016 Gohap299,”

1. homicide;

[The background of crime and preparation of crime]

The Defendant sent and received the victim B (n, 37) who worked in a singing singing singing in Gyeyang-gu Incheon Gyeyang-gu, and began to live together in the residence of the victim who developed from September 4, 2015 to his relationship with him, and developed from September 4, 2015.

However, on March 3, 2016, the victim, due to the violence of the defendant, brought the defendant a hedging, and changed the identification number of the front door of the above residence. On the 4th of the same month, the defendant waiting for the victim before the residence of the victim, leading the victim who opened the mast door door and was able to be placed on the bed.

The victim was hospitalized at the Macheon University Hospital and was discharged on the 13th of the same month due to the Defendant’s assault, and the victim continued to display his intention to the victim to the effect that the victim was only the defendant through the Kakakao Stockholm on the 29th of the same month. On the 30th of the same month, the Defendant left the victim’s residence on the 30th of the same month.

On April 3 of the same month, the Defendant purchased ‘○○○○○○○○○○○○○○ in Gyeyang-gu,’ and ‘the Japanese Parliament 21CM (21cc in blade length)' and ‘the double flocks' on the 31st day of the same month, and the Defendant possessed the knife purchased as above on the knife of April 3 of the same year, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

On April 9, 2016, the Defendant purchased a location tracking device via the Internet. From around 11th of the same month to around 2th of the same month, while monitoring the trend of the female in the vicinity of the victim’s house and office, the Defendant was unable to know where the victim was living in Jeju-do during the period from around 12th of the same month to around 20th of the same month, and provided counseling to find the victim by posting the phone to the heart center, etc. confirmed through the Internet, and the victim’s old-fash was found to have known of the location of the victim.

Since then, when the victim returned from Jeju-do to Incheon and the victim's movement was confirmed, the victim was able to kill the victim, and from April 22, 2016, the victim was soundingd again from April 2, 2016 to monitor the victim in the vicinity of the victim's house and office, and from April 23, 2016, from around 54:54 of the next day, the victim was given an opportunity to see the victim by attaching a location tracking device to the 11 mother000 pons of the 11.00 pons owned by the victim and tracking the victim.

[Specific Crimes]

피고인은 2016 . 4 . 25 . 12 : 46경 인천 서구 담지로 ○○○○ 주차장에서 스마트폰 어 플리케이션 ' ○○○ 카OOO ' 을 통하여 66하◎◎◎◎호 엑센트 차량을 대여한 후 , 위 차량을 운전하여 위 ○○○○ 주차장으로부터 약 545m 떨어진 인천 서구 청라에메랄 드로 ○○프라자 ○○○호 피해자 B이 일하고 있는 ' ○○부동산 ' 주변에 도착하였다 .

The defendant parked the above X-ray vehicle at the nearby location of the "○ Real Estate" and examined the victim's behaviors, and the victim entered the toilet in the building where the above real estate office is located.

At around 13:26 on the same day, the Defendant: (a) carried the knife knife knife knife and closed the entrance of the victim into the toilet; (b) carried the victim’s 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 knife knife knife knife knif.

2. A special injury:

The Defendant, at the same time and time as Paragraph 1, followed the victim D (year 41) who had heard the victim B’s secret lusium at the scene of the crime in this case, followed the three-dimensionals facing the toilet change column, which was located adjacent to the toilet change column, and went off, and the Defendant attempted to remove the victim from the toilet change column. The Defendant displayed the victim’s hand, which is a dangerous object as above, the toilet change column in the toilet change column in the knife, wherein the victim had the above knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

3. Violation of the Act on the Protection and Use of Location Information;

No one shall collect location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.

Nevertheless, on April 9, 2016, the Defendant purchased ○○○○’s location tracking device through the “○○○○○○ country” around the Internet around April 9, 2016, by confirming the location of the victim B, which he had been faced with a chain of personal relationship, and without obtaining the consent of the victim: 00 on the 23th of the same month without obtaining the consent of the victim: 54, the Defendant attached the above location tracking device to the lower part of the victim’s 11Mo○○○○○○○○ apartment complex located in the Yeonsu-gu Incheon Metropolitan City.

From the above date to April 25, 2016: 13:36, the Defendant collected the location information of the victim from the Defendant’s cell phone via “○○○○ (O○○○○○)” connected to the said location tracking device.

“2016 Gohap367,”

4. Violation of the Act on Special Cases concerning Traffic Accident Settlement.

피고인은 ○○수○○○○호 ◎◎◎◎ 승용차량 운전업무에 종사하는 사람이다 .

On November 16, 2015, 17: around 47, 2015, the Defendant had a two-lane of the two-lane in front of the Blue Dou Park Dou Park, Gyeyang-gu, Incheon, Gyeyang-gu, U.S. proceeding about 44 km in the Sin speed from the direction of the Mack Mack Baum school to the direction of the school.

At night, since the driver's duty of care was under the situation of the driver's duty of care, a person engaged in the driver's duty of care was responsible for safely driving by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to proceed as it was while walking on the right side of the above vehicle C (the age of 80) which was walking on the right side from the left side of the running direction of the above vehicle, was shocked by the victim C (the age of 80) who caused the part before the right side of the above vehicle.

Ultimately, the Defendant caused the victim to die by occupational negligence on November 18, 2015: around 39: (a) the hospital located in Gyeyang Gyeyang-gu, Incheon to cause the victim to die by cerebral cerebral cerebral tyrosis.

【Fact of the cause for requesting an attachment order】

In light of the motive, background, means and method of the instant crime and the circumstances after the instant crime, etc., the Defendant, as stated in paragraph (1) of the judgment, did not satisfly engage in an extreme act by taking advantage of the following: (a) a person who committed the murder as indicated in the judgment; (b) a person who committed the instant crime; (c) the process of preparation, interview, and cruelness of the said crime; and (d) a person who committed the murder.

Summary of Evidence

2016 Gohap299,

1. Defendant's legal statement;

1. Each police statement of D, Cho-○, D, ○○, and B;

1. Report on Occurrence (homicide), investigation report (on-site parking), investigation report (on-site CCTV and black booms for nearby vehicles).

S Video Investigation), On-site identification reports, the results of the inspection, and the report on the actual condition survey;

1. Each protocol of seizure and photographs of seized articles;

1. A autopsy and appraisal report and a diagnosis report;

“2016 Gohap367,”

1. Defendant's legal statement;

1. The statement statement of each police station on the maximum knives and knives;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. On-site photographs of a traffic accident and caps of black stuffs images;

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of murder and the choice of life style)

Article 40(4) of the Act on the Protection, Use, etc. of Location Information, Article 40(1)(a)

Article 15 (1) (the collection of location information without consent, the choice of imprisonment) and Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents

section 1, Article 268 of the Criminal Act (the point of death or injury caused by occupational negligence, the choice of imprisonment without prison labor)

1. Aggravation for concurrent crimes;

Article 37 former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Concurrent homicide)

As life imprisonment has been selected, no other punishment shall be imposed.

1. Confiscation;

Article 48(1)1 of the Criminal Act

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

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

section 1(1)1, Article 9-2(1)1, 2-2, 3, and 4

1. The risk of recidivism in the judgment:

In light of the following circumstances revealed through evidence duly adopted and examined by this court, considering the age, character and conduct, environment, social relationship, etc. of the defendant and the defendant, the defendant is likely to recommit the murder crime.

① On March 4, 2016, after the victim B, who had a relationship with the victim, informed the Defendant, the Defendant was waiting to leave the victim before the victim’s house, and the victim was forced to take advantage of the victim’s house, thereby causing injury to the victim, such as frighting the victim by leading the victim into the house. On April 3, 2016, the victim’s house security room was removed and 1) went into the victim’s house, threatening the victim with a knife, and the above circumstances were hard to see that the victim’s omission and frighting frighten was committed on April 10, 2016, and it was hard to view that the Defendant had been sentenced to criminal punishment for more than frighting the victim’s location on the vehicle of the victim and continuously frighting the victim into the victim, and that the Defendant was punished for more than frighting and frighting violence during the period of suspension of execution.

② On April 25, 2016, the victim returned to “○○’s movable at work,” a worker for a long time after having received mental treatment and treatment at midnight. At around 13:26, the victim continued to engage in the crime. At around 13:0, the victim entered a female toilet of the building in question, opened the entrance of the toilet, sealed the victim in a long-term toilet, and then laid the victim in a knife with at least 5 knife with a knife, and laid the knife for more than 12:0 knife with a knife. At the time of the crime, the victim’s physical part and knife with the victim’s knife, were destroyed; the victim’s physical part and knife with the victim’s knife at the time of the crime; and the victim’s physical part and knife with the victim’s body immediately before his death.

③ On November 16, 2015, while driving a motor vehicle, the Defendant caused the death of the victim by shocking the Victim C by negligence. On April 11, 2016, when the first trial date for the instant case was in progress, the Defendant was committing a series of crimes, such as the facts constituting the crime in the judgment with respect to the victim B. In addition, on April 25, 2016, the Defendant heard the victim B’s non-defluence in the course of killing the victim B, and escaped to the victim D, who was working for the workplace of the victim B, who was facing the victim’s knife, and tried to display the knife to other witnesses. In light of the above circumstances, the Defendant not only repeated violence, but also expressed an attitude toward the life and body of another person.

Reasons for sentencing

1. Scope of legal applicable sentences: Imprisonment for life;

2. Application of the sentencing criteria;

(a) Crimes of murder: Basic crimes;

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

[Special Convicts] Aggravated homicides, cruels Act (Aggravated Elements)

The defendant and his defense counsel stated that the defendant was in possession of a knife at the time of committing the crime of murder in the judgment of the court below. The victim B first started assaulting the defendant, that the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, that knife knife knife knife knife knife knife knife knife knife knife knife knife, and that knife knife knife k.

① The Defendant, even before committing murder, revealed that he was frighten and frightened against the victim by causing injury to the victim, threatening the victim in knife, etc. before committing the murder. Before committing the murder, the Defendant found the victim’s frighten and frighten, carried the victim’s location tracking device on the victim’s vehicle, carried the victim’s vehicle, carried the victim’s knife with the knife knife, carried the victim’s knife and was killed by the victim’s workplace.

② The Defendant: (a) sealed the victim into the toilet column for disabled persons in female toilets; (b) pushed the victim in a knife knife with at least 17 knife or killed him/her in a knife with a knife with a knife. As claimed by the Defendant, if the Defendant tried to find the victim by dividing the victim’s dialogue with the victim, the Defendant is a closed space; and (c) there is no reason to place the victim into a female toilet where male access is prohibited; and (d) there is no reason to open up the door. In addition, the Defendant’s assertion that the victim, who was faced by the Defendant due to injury and intimidation from the Defendant at the time, was flife with the Defendant, and was flife with his/her body first knife with the Defendant, and was flife with his/her body.

(3) The location and depth of a victim's body, in particular, a brush on the part of a brush and chest, and a brush and window on the part of a ship.

In light of the length, it is difficult to view the Defendant’s murdered by fiff or be cut in the process of physical fighting, rather than by one unilateral attack for the purpose of murdering based on the Defendant’s physical superior advantage. Unlike the victim at the time of arrest, the circumstance where the Defendant entered a relatively small figure on the part of the arms and the knife, unlike the victim at the time of arrest, also shows that the situation where the Defendant was suffering relatively small figure on the part of the arms and the knife. Furthermore, if the Defendant siffed the victim or was in line with the frequency, location, depth, and length of the event, it can be recognized that the Defendant’s murder is not a moment and dynamic, but a conclusive and planned action.

④ 피고인은 위치추적기를 통하여 피해자의 위치를 추적하면서 피해자의 집을 ' 썅 년 ' , 피해자의 친척오빠 집을 ' 한조새끼 ' 라고 등록해 두는 등 피해자와 그 보호자에 대 한 적개심을 드러냈다 . 또한 피고인은 이 사건 살인 범행 이전에 휴대전화로 인터넷에 ' 청부살인법 ' , ' 기절시킨 후 자살로 위장 ' 등의 키워드를 검색하기도 하였다 .

[Scope of Recommendation] Special Priority, Imprisonment with labor for not less than 15 years, and imprisonment with labor for more than

(b) Crimes of special injury in judgment;

[Determination of Type] Form 1 (Special Injury) of Habitual Injury, Bodi Bodi Bodily Injury (Aggravated Injury)

【No Special Convicted Person】

[Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

(c) Violation of the Act on the Protection and Use of Location Information in its holding: The sentencing criteria are not set;

(d) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

[Determination of Type] General Traffic Accident Case Case>

[Special Esponsor] The victim has a substantial fault in the occurrence of a traffic accident or the expansion of damage.

(2) (Mitigations of mitigation)

[Scope of Recommendation] Reduction Area, 4 months to 10 months

(e) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than 15 years and imprisonment for life for more than 15 years (limited to the lowest limit of the standards for sentencing in accordance with the standards for sentencing for crimes for which the sentencing standards are set, since it is a concurrent offense under the former part of Article 37 of the Criminal Act among crimes for

3. Determination of sentence: Imprisonment for life;

On November 16, 2015, the Defendant caused the death of the Victim C due to a traffic accident. In addition, on March 16, 2016, the Defendant: (a) inflicted an injury on the victim B, who was a year from around March 2016 to around April 2, 201; (b) contacted the victim B by opening the house of the victimized Party B; (c) contacted the victim B by racking the house of the victimized Party B; and (d) promised that the victim B’s scams and scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscam, and murdered the victim B.

All of the instant crimes are the confessions of the Defendant, and there is no record of criminal punishment exceeding the suspended sentence against the Defendant. However, human life is the highest legal interest protected by the law of our society, and the act of infringing upon it as the most dignity value constitutes a serious crime, regardless of its reason. There is doubt as to whether the Defendant took away the remaining life of two persons, but the Defendant has a serious burden of committing a crime against him/her. While the trial on the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents against the Victim C was underway, the Defendant kills the victim cruelly under a close prior plan, and was also injured by the victim D, and the victim B first caused the murder of the Defendant. The victim’s efforts to reduce the suffering of the victim’s life or injury to the victim, and the Defendant did not appear to be able to be able to be considered in accordance with the sentencing guidelines as a whole, in view of social and economic relation between the Defendant and the Defendant, as seen earlier.

The judge's personal display

Judges Jeong-he

Judges Giving exclusive authority to judges

1) On January 1, 2016, the Defendant: (a) took care of the victim’s house boom; (b) took care of the victim’s house boom; and (c) placed the victim in a tape again; and (d) on April 3, 2016.

The above tape was removed, and the crime prevention room was removed, and then the victim's house was invaded.

2) Taking into account the circumstances in which the accident occurred while the victim crosses a stop signal at the time.

Matters to be observed

During the location tracking device attachment period:

1. Daily 24: 00 to 06: They shall stay in the residence reported to a probation office until 00;

2. When the residence of a person requested to attach an attachment order is under the jurisdiction of the domicile reported to the head of the probation office;

Restrictions on the Gun/Gu, and where a person requested to attach an attachment order makes a trip outside of his/her place of residence, he/she shall

Probation Officers shall be permitted to report the reasons, period, place of driving, etc. to the probation officers in detail and obtain permission.

3. It shall not in any way approach to the bereaved family members of the victim B.

4. He shall complete a murder treatment program of 160 hours. Finally.