A case of sentencing the death penalty against the defendant who kills 20 persons, such as a weak elderly person or woman, etc.

The case holding that the defendant is sentenced to death penalty on the basis of the degree of suffering of victims and their bereaved family members and the balance of punishment and general preventive point of view of crime prevention, on the grounds that the defendant prepared the crime closely with 20 persons, including the elderly or women, who have no relation with him/her, and the method of murder is very harsh and the crime's nature and crime cannot be deemed extremely heavy, and that the death penalty is sentenced in general

Articles 41 subparag. 1 and 51 of the Criminal Act

United Kingdom iron;

Maximum number of pipes

Law Firm Seocheon General Law Office, Attorneys Gyeong-sik et al.

A defendant shall be punished by death.

Articles listed in the attached sheet that have been seized shall be confiscated.

Of the facts charged in the instant case, the charge of murder against the victim 21 and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be acquitted.

Criminal facts

On October 27, 2000, the Defendant was sentenced by the Seoul High Court for rape, etc. on September 11, 2003, and completed the enforcement of the sentence;

1. 1985. 6. 12. 아버지 공소외 1을 여의고 홀어머니 슬하에서 형제들과 함께 살아오면서 예체능계에 소질을 보여 중학교 시절 육상 단거리 달리기, 투포환, 기계체조 선수로 활동하면서 지속적인 체력단련을 통해 강한 손목과 악력을 갖추는 한편, 장차 화가가 되기를 꿈꾸기도 하였으나 색약 등의 이유로 인해 예고 입학이 좌절되어 그 꿈을 접고 국제공고에 입학하였지만 절도사건으로 구속되어 1988. 8. 23. 소년부송치처분을 받고 난 이후 학교생활을 적응하지 못해 자퇴하고 친구 소개로 만난 공소외 2와 결혼을 전제로 사귀어 오던 중 특수절도죄로 구속되어 1991. 9. 4. 서울지방법원에서 징역 10월을 선고받을 당시 공소외 2와의 동거를 앞두고 간절히 집행유예 석방을 기원하였으나 실형을 선고받고 법정에서 손에 쥐고 있던 나무 십자가를 부수는 등 낙담을 하면서 그 동안 믿어왔던 기독교 신앙에 점차 회의를 품고 나중에는 원망과 함께 노골적으로 신의 존재를 부정하고, 그 후 공소외 2와 피고인의 어머니 집에서 동거를 하면서 1993. 6. 23. 혼인신고까지 하였지만 또다시 절도죄로 구속되어 1993. 9. 16. 서울지방법원에서 징역 8월을 선고받고 1993. 9. 21. 출소한 후 1994. 10. 26.에는 아들을 낳았지만 낮에는 웨딩 숍 사진기사 일을 하다가 밤에는 불법퇴폐 업주들을 상대로 경찰관 행세를 하여 금품을 갈취하고 갈취한 불법 음란물을 판매하다 단속되어 1995. 4. 27. 인천지방법원 부천지원에서 음화판매죄 등으로 벌금 300만 원을 선고받은 일이 있고, 절도죄로 수배생활을 하면서도 계속 경찰관자격사칭, 공갈 범행 등을 일삼다가 1998. 2. 13. 서울지방법원에서 공무원자격사칭죄, 절도죄, 공문서위조죄, 불실기재면허증행사죄로 징역 2년을 선고받고 1999. 5. 19. 안양교도소에서 만기 출소한 이후 또다시 같은 범행을 반복하면서 경찰관자격을 사칭하여 미성년자를 강간한 혐의 등으로 2000. 3. 15. 구속되어 2000. 10. 27. 앞서 본 바의 징역 3년 6월을 선고받고 피고인의 위와 같은 범죄행각에 염증을 느낀 위 공소외 2로부터 2000. 12. 24. 재판상이혼을 당하는 것은 물론, 그 이혼소송에서 깊은 애정을 쏟아오던 아들에 대한 양육권마저 빼앗기고 이혼재판 과정에 공소외 2한테서 '개새끼'라는 모욕적인 욕설까지 듣게 되자 궁지에 내몰린 피고인을 저버린 공소외 2에 대한 배신감과 피고인 스스로에 대한 극도의 자괴감으로 공소외 2와 아들을 살해하려는 마음까지 품었다가 그들 대신 다른 사람들을 살해하기로 마음먹고 교도소 벽면에 장차 출소하면 살해할 사람들의 숫자까지 기재하며 무차별 살해 결의를 다지면서 신문 등에 보도된 그간의 연쇄살인 사건 범행 등 살인사건 기사내용을 분석하여 완전 범죄를 계획하면서, 피고인의 위와 같은 비참한 현실이 피고인 자신의 무책임하고 충동적인 행동 탓이라는 점에 관하여는 진지하게 반성하지 아니한 채 모두 불공정하고 모순된 외부적인 여건 때문인 것으로 치부하는 가운데, 넉넉하지 못한 가정환경에서 자라오며 형성된 부유층에 대한 반감이 맹목적인 적대감과 증오심으로 심화되어 교회 부근에 사는 부유층들을 골라 잔인하게 살해하여 교회 부근에 살아도 신의 보호를 받지 못한다는 것을 널리 알리고 부유층들에 대하여 공포감을 조성함으로써 그 동안 마음속 깊이 쌓아 둔 사회에 대한 불만과 적개심을 표출시키기로 마음먹고, 2003. 9. 11. 출소한 후 어머니 집에 잠시 머물면서 과도로 큰 개를 찔러보는 살인실험을 통해 피만 많이 나올 뿐 곧바로 숨지지 않는 칼보다는 머리를 강타하면 비명도 지르지도 못하고 곧바로 쓰러뜨릴 수 있는 둔기가 보다 효과적인 살해방법이라는 것을 깨닫고 서울 마포구 신수동 소재 공사장에서 손자루가 긴 해머를 가지고 와 자루를 떼어낸 후 그 자리에 길이가 짧은 장도리 자루를 넣어 실리콘처리를 하는 방법으로 범행도구인 손자루가 짧은 해머 1자루(약 4㎏)를 특별제작하고, 위협용 재크나이프 1자루(칼날길이 약 15㎝), 범행시 지문을 남기지 않기 위해 세무장갑 1켤레와 코팅 목장갑 여러 켤레, 위와 같은 범행도구를 넣어 다니는 검정색 어깨걸이 가방을 각 준비하고 범행시간대는 주로 노약자나 부녀자들만 집에 있는 출근 후 오전시간에 범행할 것을 결의한 다음,

가. 2003. 9. 24. 오전 시간불상경 서울 강남구 신사동 소재, 부근에 소망교회가 위치해 있는 피해자 1(72세)의 단독주택에 이르러, 세무장갑을 끼고 뒤편 담장을 넘어 정원으로 침입하여 집안의 동태를 살피면서 코팅 목장갑으로 갈아끼고 재크나이프를 든 채 현관문을 열고 들어가 안방에 인기척이 있는 것을 확인한 후 거실 계단을 통해 2층으로 올라가 2층 각 방문을 열어 2층에는 사람이 아무도 없는 것을 확인한 다음, 1층 거실로 내려와 안방문을 열어 젖혀 피고인을 보고 깜짝 놀라 자리에서 일어나려는 피해자 1에게 앉으라고 하였으나 말을 듣지 않자 재크나이프로 피해자 1의 목을 찔러 쓰러뜨린 후 재빨리 바꿔든 해머로 머리를 수회 내리치고, 피해자 1의 옆에 있던 피해자 1의 처인 피해자 2(여, 67세)가 장롱 속에 있는 돈을 꺼내주려 하자 "내가 돈 때문에 그런 것 같으냐."라고 하면서 위 해머로 피해자 2의 머리를 수회 내리쳐 쓰러뜨리고 그때까지 살아 움직이는 피해자 1의 머리를 해머로 재차 내리쳐 피해자들을 각 두부손상으로 그 자리에서 사망에 이르게 함으로써 피해자들을 각 살해하고,

(b) On October 9, 2003, the victims who were known to the extent of 5:3 times in and near the opening of Jongno-gu Seoul Metropolitan Government, and 3 years of age (n, 85) are placed in and out of the house by cutting their head locks over the wall next to the opening of the house and opening the entrance door and changing their head from the opening of the house to the front door of the victim 3, 4 times in and out of the opening of the house, and 5: the victims who were 3 times in and out of the opening of the house due to 5:0, 3 times in and out of the opening of the house, 2000, 4 times in and out of the opening of the house, 3 times in and out of the entrance of the victim, 3 times in and out of the entrance of the victim, and 3 times in and out of the entrance of the victim, 4 times in and out of the entrance of the victim, 3rd of the front door, and 4 times in and out of the entrance of the victim;

C. On October 16, 2003, when the victim 6 (the 60-year old age) was located in Samsungdong located in and near Samsungdong located in, and near, Gangnam-gu, Seoul. Around October 16, 2003, the victim 60-year-old detached house opened a croke and opened a croke for the victim's crop in the items of the victim, who worked at the left toilet of the living room of the first floor, was towed to a toilet through a multi-use room located at the right side of the living room, she turned the head of the victim's head into the toilet floor again after putting the head into the toilet, leaving the room again, leaving the house again, leaving the 130-day-day-day-day-day-day-day-day-day-day-day-day-day-long-day-long-day-long-day-long-day-long-day-day-long-day-long-day-long-day-day-long-day-long-day-day-day-long-day-day-long-day-day-long (hereinafter.

(d) On November 18, 203, the victims of the above-mentioned disaster shall be removed from the victim's own house located near Jongno-gu Seoul Special Metropolitan City Round, and the victims shall be able to open a door-to-door door and two-story door-to-door door-to-door door-door door-to-door door-door door-to-door door-door door-to-door door-door box, and shall be removed from the victim's wall-to-door door-to-door door-door door-to-door door, and then shall be removed from the victim's wall-to-door door-to-door door to the victim's house and shall be removed from the victim's wall-to-door door-to-door, and shall be removed from the victim's wall-to-door door-to-door door-to-door, and shall be removed from the victim's wall-to-door door-to-door door-to-door, and shall be removed from the victim's wall-to-door door-to-door.

2. 2003. 11. 말 일자불상경 서울 마포구 신수동 소재 오피스텔 102호 피고인의 집에서 컴퓨터 스캐너 장비를 이용하여 신분증 양식 증명사진란에 피고인의 증명사진을 입력하고 컴퓨터 엑셀, 웹디자인, 포토삽 6.0, 한글 프로그램 등을 이용하여 앞면 중간 부분에 큰 글씨로 '경찰', 그 경찰 글씨 사이에 경찰마크, 성명란에 '최인호', 하단에 '서울지방경찰청', 뒷면 상단에 '포돌이 캐릭터', 그 밑에 '성명 : 최인호, 계급 : 경장, 부서 : 정보1과, 주민등록번호 : 680516- 153865', 하단에 '서울지방경찰청', 그 옆에 적색 직인, 신분증 밑바탕에 '경찰'이라는 미세한 파란색 작은 글씨를 각 입력한 후 그와 같은 입력내용을 앱슨 컬러프린터기를 이용하여 사진인화지에 인쇄하여 신분증 크기로 절단한 다음 코팅기를 이용하여 코팅처리하는 방법으로 서울지방경찰청장 명의의 공문서인 경찰관 신분증 1장을 위조하고,

3. On February 9, 200: (a) around 00:0, in and near the Southern-dong, Incheon Metropolitan City, it presents a police officer's identification card issued under the name of the head of the Gyeonggi Provincial Police Agency to the victim (at around 26 years old), who was forged by a public telephone near the atmosphere, and saying, "I would have done so. I will do so. I will do so. I will see that "I will do so. I will see that I will do so if I will do so, I will do so." At around 0:0, 100 won in cash from the victim under the above name of the victim, who was not sexually in the name of the victim, and later, I would like to gather the victim from the telephone to the above telecom, and let the victim in the name of the victim, who was exposed to contact with the victim, present the victim's identification card to the police officer, and present it to the police officer's 99 years old and present it to the police officer's 99 years old."

4. From September 24, 203 to November 18, 2003, Nonindicted Party 4’s cell phone homicided with Nonindicted Party 4’s cell phone, and reported that it would have been presumed to have been a chain of death by a person who was sworn out of the media on four occasions, and thus, attempted to kill Nonindicted Party 4’s cell phone with Nonindicted Party 4 by taking into account the fact that Nonindicted Party 4’s cell phone homicide could have been removed from Nonindicted Party 4’s cell phone homicide, and that Nonindicted Party 4’s cell phone homicide could have been removed from Nonindicted Party 4’s cell phone homicide, and that Nonindicted Party 4’s cell phone homicide could have been removed from Nonindicted Party 4’s cell phone homicide, and that Nonindicted Party 4 could have been removed from his occupation on the ground that he could have been found to have been found to have been on the ground that he had been able to kill Nonindicted Party 4’s cell.

(a) On March 15, 2004, the victim 10 (the victim 23 years old) who walked on the telephone at the store in the Seodaemun-gu Seoul Special Metropolitan City at the time of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the city of the opening of the opening of the opening of the opening of the city of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the victim, with his own house to reduce the victim from the opening of the opening of the body of the victim, and after the victim's body of the victim's body of the body of the opening of the opening of the opening of one 1.

(b) From April 204 to May 5, 200, the victim's name and influenite (20 to 30 seconds) who walked on the telephone from the door door of Seodaemun-gu Seoul to the point of its own telephone, and opened a telephone at the seat of the victim's body (20 to 30 seconds), attempted to have a sexual intercourse with the victim's own house at the place of promise, and sent conversations by dividing the victim's body into the defendant's residence located in No. 203 of Mapo-gu, Seoul Metropolitan Government Officetel into the victim's body and dividing the victim's body into the victim's body and then removed the victim's body and then removed the victim's body from the body of the victim's body to the front knife of the victim's body and then removed the victim's body from the front knife of the victim's body to the front knife of the victim's body, and then removed the victim's body from the front knif.

C. On May 1, 2004, the victim 11 (the 25 years old) sent the victim's identity card to the Internet from the green scam room near the Seodaemun-gu Seoul Seo-gu Seoul Seo-gu Seoul, to find out the victim's 11 (the 25 years old), and present the victim's identification card to the above 203, and leap with the victim's leaps in order to divide the conversations with the above 203, and send the victim's body to the above ecambba, after allowing the victim to enter the toilet at the above lebbba, and put the victim's body at the above ecamba, one time, and then cut the victim's head head at the above ecamba, and immediately after the victim's death at the above ecamba, and immediately after the victim's death at the same place, the victim's body was concealed in the above eculba, e.g., and after the above e.

(d) On June 1, 2004, the victim 12 (the victim 35 years old) who walked on the phone from the Seodae-gu Seoul Seo-gu, Seo-gu, Seoul to the point of its own telephone at its own time, with a telephone call from 12 (the victim 12 years old and 35 years old) and the defendant's house at the new department store behind the old new village department located in the same Gu, to have sexual intercourse with the victim's house, to pay money at the promise place, to the victim's house, divided between the above officetel 203 and the above officetel 203, and sent time. On June 2, 2004, the victim sent a shower to the victim's room and entered the toilet, followed the victim's body by moving the victim's head to one time, and immediately inserted the victim's body into the above knife with the above knife's body, and immediately inserted the victim's body into the above knife's body by using the above k and the body.

E. On June 1, 2004, the victim's name and influencies (the second half of the 20th century) who walked from the phone to the near near the new department store in the new department store in the new department store in the first half of the year. The victim's name and influencies (the second half of the 20th century) were sent to the near the new department store in the new department store in the first half of the year, the victim was able to have sexual intercourse with the defendant's house, the victim was sent to the above office in the front of the above office and the conversation was divided into the above office, and the victim was sent to the above office in the first half of the same day after getting the victim into the toilet, and the victim was taken one time at the front of the body of the victim's head, and then the victim was able to kill the victim's name and immediately after the victim died in the new department of the next medical hospital in the same way as the victim's body was concealed by the same way as the victim's body of new construction.

F. From June 7, 2004, around 05:00, the victim was sent one time to the rest room in Seodaemun-gu Seoul Seo-gu, Seoul, and the victim 13 (the age of 26) who used to go on the phone to go on the door-to-door door to the door-to-door door-to-door, sent a forged identification card of the police officer, take the wall and take it off to the above officetel, divide the conversations with the victim's body by using the victim's body, and send time. On June 9, 2004, the victim was sent the victim's body to the rest of the above officetel. The victim was sent at one time at the rest of the head of the victim's body, and the victim's body was moved to the rest of the above officetel-to-door and then immediately died in the same spot, resulting in death, and immediately after the victim was added to the victim's body, the victim's body and the body of the above balk and the above balk were used to be removed.

G. At around 22:00 on June 17, 200, when the victim 14 (the victim 27 years old) who walked on the phone from the offline in Seodaemun-gu Seoul, Seogu, Seoul to the point of its own telephone (the victim 5 (the victim 30 years old), and the victim 14 (the victim 27 years old) who was living in place of his woman to the new department store in the new village, was able to take 300,00 won at the defendant's residential place, and was able to take 203 of the above officetel, and was able to take her sexual intercourse with the above officetel, and was sent time. On June 18, 2004, 200, after entering the toilet with the victim's head, the victim 14 years old, who was living in place at the new department store in the new village, concealed the victim's body in the same way as the victim's body by using the same knife and the following k.

H. At the time from June 23, 2004 to June 25, 2004, the victim's identification card is presented to 15 (28 years old) victims who were receiving the victim's head head fright from the defendant in the open space in the open space in Eunpyeong-gu Seoul Special Metropolitan City from the opening space to the opening of the open space in the open space, and has sexual intercourse with the victim by moving the victim to the above officetel 203, with the victim's head frighten and moving the victim's head fright to the above fright of the victim's head fright at one time, and immediately after the victim's death in the open space in the open space, and then after the victim's death in the open space, the victim's body was killed by using the above frighter's body fright and then the victim's body was destroyed by using the above frighter's body fright and then the victim's body was destroyed by using the above frighter's body fright, etc.

(i) At around 23:00 on July 1, 200, at the calendar station located in the Gangnam-gu Seoul Metropolitan City, it is intended to send a son car flab by leaving the phone to the string business trip in Gangnam-gu, Seoul, and present a forged identification card to the 16th (26 years old) of the victim's seat at that place, controlling leaps by holding the victim's identity card, putting the victim on the string 203 of the victim's car, putting the victim on the string 203 of the above string knife, and talk with the victim's name on the string knife and 4 of the victim's knife, with the victim's face added to the above knife knife of the knife and knife of the victim's body attached to the above knife knife immediately after the victim's death.

(j) At around 01:30 on July 9, 2004, the victim 17 (the 24 years old) who called the victim to be sent a ice balconium by walking the victim's head in the vicinity of Seodaemun-gu Seoul, Seodae-gu, Seoul to have a sexual intercourse with the defendant's house at the victim's house. The victim balconium 203 of the above 203 balconium. The victim balconium balconiumd the victim's body at the above balconium and opened the victim's body to the above balconium and opened the victim's body to the above balconium and opened the victim's body to the above balconium and moved the victim's body to the above balconium without delay, resulting in death in the victim's body's death at the same site, and immediately after the victim balconium and balconium inserted the victim's body to the above bal.

(k) Around 01:00 on July 13, 200, the victim was 18 (the 27 years old) who was called to send a hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye h.

5. On April 13, 204, the victim's body was removed from the victim's body flabing 274 square meters away from the above front of the front flab, and the victim's body was removed from the victim's seat flabing 19 (4) away from the front flabing line with the front flabing line with the front flabing line with the victim's body, and then the victim's body was removed from the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the front flabing line with the victim's name.

6. At around 06:00 on May 7, 2004, the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu 3 used to search and seize evidence, leading the victim at the seat of the victim, following the apartment and following the second floor, and 20 (33 years old) at the defendant's request, the defendant presented the police identification card under the name of the director of the Seoul Police Agency, and issued the forged number of items on the same hand, and then "the suspect identification card should be found," and "the police officer's identification card should be found." On the same day, at around 07:00 on the same day, he gets a taxi, leading the victim at the seat of the victim located in Yeongdeungpo-gu Seoul Special Metropolitan City, Seoul Metropolitan City, Nowon-gu 9, and carried out the search and seizure of evidence, and exercising the victim's identification card, exercising the police officer's ex officio authority, exercising the police officer's identification card, and exercising the police officer's identification card and control it.

7. On July 15, 2004, at the later part of the Mapo-gu Seoul Metropolitan Government Nowon-gu, Incheon Metropolitan City, its head office, attracts female members, such as a business trip, steals personal belongings, or is suspected of killing female members on a yearly basis, and the defendant is induced on July 13, 2004 by the criminal police officers of the Seoul Metropolitan Police Agency and police officers of the first half of the same Dong-dong police agency on the 10th day, and the first half of the 10th day off the 18th day off the 10th day off the 20th day off the 15th day off the 15th day off the 15th day off the 10th day off the 15th day off the 10th day off the 15th day off the 15th day off the 10th day off the 15th day off the 2nd day off the 10th day off the 2nd day off the 2nd half of the 2nd half-dong police agency.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness nine victims;

1. Each statement of the suspect interrogation protocol of each prosecution against the accused;

1. Each statement written by the prosecutor's office on the order of keeping, keeping, keeping, keeping, and leasing, Nonindicted 4, 3, and lease, Nonindicted 5, E, E, E, I, and I, of each written statement by the prosecutor.

1. Each statement written by the police officer's statement about Eins, Eins, Eins, Eins, Eins, Eins, 3, Eins, Mins, Mins, Mins, Mins, Kim Jins, Park Jins, Park Jins, Park Jins, Park Jins, Lee Jins, Lee Jins, Lee Jins, Lee Jins, Lee Jins, Lee Jins, Lee Jins, Park Jins, Kim Jin, Park Jins, Park Jins, Park Jins, Park Jins, Park Jin, Park Jins, Park Jong-young, Park Jong-young, and Kims-young

1. Each statement of the competence, yellow dust, the president, the prevention child, and the keeping order;

1. Each protocol of inspection, each protocol of seizure, actual condition investigation, each protocol of inspection, each protocol of inspection, each protocol of inspection, each protocol of inspection, each protocol of inspection on the body, each protocol of inspection on the body, and each protocol of request for expert examination

1. Each image and record of the site photographs of each case;

1. Each description of the investigation report (related to the murder case of third-party), the investigation report on the sufficient shape, the investigation report on the sufficient shape, the investigation report on the attached shape, the investigation report on the investigation report (the result of the analysis of the fact that the gold is forced), the investigation report (the attachment of the suspect's hand and the body photograph), the investigation report (the attachment of the suspect's body photograph), the investigation report (related to the murder case of third party), the investigation report (related to the investigation report on the excavation site and the map), the investigation report (related to the date of the presumption of death), the investigation report (related to the date of the presumption of death) and the investigation report (the presumption of death of the victim);

1. Each of the items listed in the attached list of seized articles 1 through 4, 8, 22 through 24, 1 head of fluenites (Evidence No. 2832-5 of the Seoul Central District Prosecutors' Office, No. 2004, No. 2832-5), 1 fluencies of fluenites (No. 8 of the same evidence) and one golf bond (No. 9 of the same evidence);

1. Each description of criminal records and investigation reports (attached to judgments);

Application of Statutes

1. Article applicable to criminal facts;

Each murder: Article 250(1) of the Criminal Code

The main building and fire prevention: Article 164(1) of the Criminal Act

Article 161(1) of the Criminal Code provides that each body shall be damaged.

Article 225 of the Criminal Act

Each use of forged public document: Articles 229 and 225 of the Criminal Code

Each public official qualification title: Article 118 of each Criminal Code

At night: Article 2(2) and (1) of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act

The point of harboring each dead body: Article 161(1) of the Criminal Code

The point of abandonment of a dead body: Article 161(1) of the Criminal Act

General Automobile Fire Prevention Act: Article 166(1) of the Criminal Act

point of conflict: Article 350(1) of the Criminal Act

Escape: Article 145(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (A punishment prescribed for the crime of destruction and damage of the main building in paragraph (4) of Article 1 at the time of a board) (A punishment for the crime of destruction and damage of each body, and for the crime of destruction and damage of the main building with the largest punishment: A punishment prescribed for the crime of destruction of a general motor vehicle and the crime of abandonment of a dead body

1. Selection of punishment;

Each murder (the death penalty) crime (the death penalty shall be chosen), stringer building, and fire prevention (the choice of imprisonment with prison labor), each public official's qualification or personal term (the choice of imprisonment with prison labor), each violation of the Punishment of Violences, etc. Act (the choice of imprisonment at night), and the crime of robbery (the choice of imprisonment with prison labor

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act [excluding murder: Provided, That the proviso of Article 42 of the Criminal Act shall apply to the violation of the Punishment of Violences, etc. Act (at night) and the violation of the current-time structure or fire prevention]

1. Aggravation of concurrent crimes;

Article 37 (former part of Article 37 and Article 38 (1) 1 of the Criminal Act (Inasmuch as punishment and punishment are determined for murdering 18 severe victims, no other punishment shall be imposed)

1. Confiscation;

Article 48(1)1 and 2 of the Criminal Act

Judgment on the Defendant’s assertion

1. The gist of the assertion (as to the conflict under paragraphs (3) and (6) of the facts of the crime)

The defendant tried to kill the victim who is a female with his name (the number of years of age 26) and the victim 20 (the number of years of age 33) as the defendant's officetel. The defendant did not intend to take money and other valuables to the defendant. The victim 9 (the age 47) presents a police officer identification card and provided money and other valuables to the defendant for the purpose that the victim is suffering from the victim in the process of punishing the victim and the vagabonds. Thus, the defendant did not commit a crime of extortion.

2. Determination:

The defendant led to the confessions made in the prosecutor's office as to each of the above facts charged, and there is no evidence to suspect the credibility of the confessions in light of the contents, the process of confessions or circumstances, and it can be acknowledged by the statement of each police officer's statement about the victim 9, the victim 9, 20, and Kim Yang-yang. Furthermore, as the defendant made a statement, if each of the above victims was frighten about the police officer's behavior and frighten money to the defendant, there is no problem in the establishment of a crime of attack. Thus, the defendant's above assertion is rejected.

Reasons for sentencing

1. Sentencing factors;

(a) The age, education, career, character and conduct, growth environment, family, and environment of the accused;

On April 18, 1970, the Defendant was born with the third son and son and son and son and son, and had difficulty in finding the economic conditions of the house at the time of the birth, and the overall home environment was not good. On June 12, 1985, when 14 years old, Non-Indicted 1 died due to an accident (the death of a small accident in around 1994) and was living together with the siblings, and tried to enter an elementary school and enter the middle school after graduating with the siblings, but the pre-admission was forced to enter the middle school, but it was cut off, but it did not adapt to the school life.

The defendant's intelligence is general level, character and conduct is a narrow character, which is not combined with other people, and it is the owner of anti-social personality disorder and boundary-based personality disorder who do not participate without being accepted by other persons.

After the retirement of the Defendant from high school 2 years, the Defendant was engaged in 1 year of photographic engineer, 1 year of heavy equipment engineer, 2 years of crew, and 1 year of popular restaurant employee, but on 195, the Defendant had been misrepresented with a police officer at night without a certain occupation, and had engaged in an act of regrading against illegal entertainment bars or omans.

On the premise of marriage with Non-Indicted 2 and Non-Indicted 2, the Defendant: (a) her mother was living in the house on June 23, 1993; and (b) her mother was living in the house on October 26, 1994; (c) however, the Defendant continued to commit a crime, and (d) her a pipe of a fluor of a fluorial card from the above Non-Indicted 2 to December 24, 2000.

B. Defendant’s crime before committing the instant crime

On August 23, 198, the Defendant was sentenced to the Juvenile Department for larceny at night. On September 4, 1991, the Defendant was sentenced to imprisonment with prison labor at Seoul District Court for special larceny. On September 16, 1993, the Seoul District Court sentenced eight months of imprisonment with prison labor for larceny. On September 21, 1993, the Defendant released from the prison by the Seoul District Court on September 21, 1993. On September 27, 199, the Defendant was under the police officer’s criminal conduct against the illegal withdrawn business owner, and the Defendant sold obscenity at night. On April 27, 1995, the Defendant was sentenced to imprisonment with prison labor at the Seoul District Court for a limited period of 3 million won on September 27, 1995, and was sentenced to imprisonment with prison labor at the Seoul District Court for a limited period of 1.5 years on September 16, 199, and was under the charge of larceny at the Seoul District Court for a limited period of 1.

C. Relationship with the victims of the instant crime, motive, means, and result of the instant crime

The Defendant did not have any relation with 20 victims of murder of this case, and the motive for murder did not seem to have been acquired money and valuables. The motive for the crime was expressed on the 20th century, or a sponsive woman living together with the relation to him, and the preparation was carried out by the preparation of tools in advance, such as preparation of piracy for each of the above 20 victims, and the selection of women, such as the elderly who are easy to commit the crime or the head of a business trip, etc., and the murdered the victim seriously by taking advantage of the sponsing 11 women, such as a business trip and a business trip, etc., with the body of the victims, cutting the body of the victim and cutting it on the ground and cutting it on the 11st family members of the above 20 victims, and the victim's bereaved family members can not be able to carry out the spice and shock so as to prevent the damage.

(d) The circumstances, etc. after crimes;

At the trial of the instant case, the Defendant made a statement to the effect that his act is against the victim and his bereaved family's death, but at the same time, the Defendant has consistently altered his act, and instead, given the victim's family members present in the court as a witness, it did not repent of his wrong act, and gave him a detailed method of murder, the victims died, and claimed that he would engage in the business of a closed-end business, etc. once again, and the Defendant did not have any effort to recover the damage to the victims' bereaved family members, and the Defendant does not have any concern for re-afusing the crime as in the instant case, when his mental condition is deemed to be anti-social personality and boundary-based personality disorder, and thus, it cannot be said that there is no concern for re-afusing the crime.

2. Determination of sentencing

The crime of this case is committed by 20 victims of murder and most of them are older persons, women, or women who are difficult to find the case in our country. In full view of all of the sentencing factors as seen above, the crime's nature and criminal situation cannot be deemed extremely heavy. The victims and their bereaved family members who suffered from anti-social malicious or imprisoned death, suffered from or suffered from the crime of this case, the degree of physical and mental suffering, the degree of the defendant's anti-human and scopic crime, the fact that the above anti-human and scopic crime of this case led to serious shock and scopon in society due to the crime of this case, and the balance of punishment, or from the general preventive point of view of crime, it is inevitable to pronounce a sentence that isolates the defendant from society.

Parts of innocence

1. As to murdering the victim 21

A. Summary of the facts charged and the defendant's indictment

Of the facts charged in the instant case, the murder charge against the victim 21 is as follows.

{피고인은 2004. 2. 6. 저녁 시간불상경 서울 동대문구 이문동 258-39 소재 김규진 운영의 '진성각' 중국음식점 부근 골목길에서, 동대문 밀리오레 의류상가에 출근하는 피해자 21(여, 24세)에게 경찰관 행세를 하여 금원을 갈취하기로 마음먹고 위조된 서울지방경찰청장 명의의 신분증을 제시하고 피해자를 윤락행위로 단속한다며 두 손목에 수갑을 채우려고 하였으나 쇼핑센터에 출근하는 중일 뿐, 윤락녀가 아니라는 취지로 완강히 저항하는 피해자로부터 결국 "당신 미쳤어요."라는 말을 듣고 피고인을 무시하는 피해자의 태도에 순간적으로 격분한 나머지 살의가 생겨 소지하고 있던 재크나이프를 꺼내 비명도 없이 치명상을 가하기 위해 피해자의 목을 찌르려고 하였으나 발이 삐끗하면서 피해자의 목 바로 밑 가슴을 1회 찌르고 위와 같이 가슴을 찔린 피해자가 두 손으로 가슴을 움켜잡고 골목길을 따라 대로변 쪽을 향해 도주하자 피해자를 뒤쫓아가 피해자의 몸을 손으로 잡고 피고인의 앞쪽으로 돌리면서 재크나이프로 피해자의 복부를 수회 찌르고 그래도 피해자가 대로변으로 도주하자 다시 뒤쫓아가 위 중국음식점 앞 입구 바닥에 피해자를 패대기쳐 앞으로 고꾸러뜨린 후 피해자의 상체를 앞으로 돌려 재크나이프로 심장부위를 겨냥해 힘껏 내리찍어 피해자를 흉복부자창으로 인한 대량 실혈로 그 자리에서 사망에 이르게 함으로써, 피해자를 살해한 것이다.}

On the other hand, the defendant recognized it on the date of the first trial of the police, the prosecution, and the court of this case, but consistently after the second trial date, he has no record of committing the same crime as the above facts charged.

(b) Markets:

The evidence conforming to or corresponding to the above facts charged is the statement at the first trial date of this court, the statement of the defendant's preparation on the trial date of this court, the statement at the 8th interrogation protocol of the defendant against the defendant ( July 22, 2004) and the 10th interrogation protocol of the defendant ( July 24, 2004), each statement at the 1st interrogation protocol of the defendant against the defendant ( August 3, 2004), the second interrogation protocol of the defendant ( August 5, 2004) and the third interrogation protocol of the suspect ( August 12, 2004), each statement at the 3rd interrogation protocol of the defendant, verification protocol, the results of examination at the scene of the second interrogation of the defendant's murder case, the statement at the scene inspection paper, the body inspection report, the examination report, the examination report, the examination request (the result of examination), each of the records at the scene of this case, each of the video and each of the records at the scene of this case.

(1) The statement in the defendant's written statement (as of July 22, 2004) and each statement in the 8th suspect examination protocol of the defendant against the defendant (as of July 22, 2004) and the 10th suspect examination protocol of the defendant (as of July 24, 2004) are denied by the defendant's defense counsel's defense counsel's discretion and contents. The defendant's defense counsel's defense counsel's defense counsel denies the voluntariness and contents of the statement. Each statement in this case's on-site examination report, the body examination report, the examination report, the examination report, the examination report, the examination request for appraisal (as of July 26, 2004) and the record (as of July 26, 2004) shall be admitted as evidence, and there is no evidence that the authenticity of the statement may be admitted by

(2) Each statement made on the first day of the trial of this court, the first interrogation protocol of the defendant's first interrogation protocol on the trial of the court of this court (the date of August 3, 2004), the second interrogation protocol of the suspect interrogation protocol (the date of August 5, 2004) and the third interrogation protocol of the suspect interrogation protocol (the date of August 12, 2004) are consistent with the above facts charged, and the credibility of the statement is examined.

In determining the credibility of a confession, it shall be determined in consideration of the following: (a) whether the content of the confession itself has objectively rationality; (b) the motive or reason for the confession; (c) what is the motive or reason for the confession; and (d) whether there is any conflict or inconsistency with the confession among the circumstantial evidence other than the confession (see Supreme Court Decision 2002Do6110, Feb. 11, 2003).

(A) Details of confession made by the defendant and subsequent statements

① On July 15, 2004, the Defendant was investigated by emergency arrest to the police on the charge of larceny, etc. on the charge of committing the crime, and on the 17th day of the same month, the Defendant led to a full confession of the facts constituting the crime acknowledged in the guilty part when preparing the second protocol of suspect examination

② However, on July 16, 2004, the Defendant presented a letter of “A” printed in black white paper from a police officer, and denied that he is not the criminal of the case. On the 22th of the same month, the Defendant presented a list of murdered cases (in the list, including the competent authority, the date and time, place of the crime, the victim’s age and name, and the outline of the crime) from 30 minutes in Seoul and Gyeong-do area, and acknowledged the crime of the above facts charged among the facts stated in the list. Accordingly, the police officer, who prepared the Defendant’s protocol of suspect interrogation, prepared the above statement and the interrogation protocol of suspect interrogation in the above 8th day, and the Defendant led the Defendant to confession (it is recognized by the witness Kim Sung-ro’s legal statement).

③ After sending the suspect interrogation protocol to the prosecution, the Defendant led to the confession of the above facts charged at the police when preparing the interrogation protocol No. 1 and No. 2. However, when preparing the second suspect interrogation protocol, the Defendant stated that the victim was placed at the second seat of the entrance of the victim, which was 35 meters away from the victim, and that the above blood trace was not the Defendant or the victim, but the third male at the time of preparing the third suspect interrogation protocol, the Defendant corrected the point as the entrance of the above truth-finding.

④ On the date of the first trial of this court, the Defendant made a confession of all of the facts charged on the prosecution examination on the said facts on the date of the first trial of this court. At the second trial of this court, the Defendant testified from the defense counsel that the police officer would guarantee the Defendant’s children’s school expenses and resolve the problem of transfer of the Defendant’s children to the Yeongdeungpo-gu Station that the Defendant wants, but the said facts charged were denied by asserting that there was

(B) The question of the defendant's confession statement at the prosecution

① The victim stated that the knife knife knife knife knife knife knife knife knife knife knife knife knife, died immediately after knife knife knife knife knife knife knife knife knife, which is specialized in the delivery of the order. At that time, the entrance knife knife knife knife knife knife knife knife was opened, and the entrance knife knife knife knife knife was opened with the entrance of the above defendant, but the defendant could not make a false statement in the above knife knife knife k.

② With respect to four cases of murder (crime No. 1) committed before two to four months prior to the instant case, the Defendant specifically stated the circumstances and methods of committing the instant crime, the situation of the place of committing the instant crime, the background and degree of the commission of the crime, the background and degree of the commission of the victim by each victim, the location of the victim’s death, the circumstances surrounding the scene of the crime, the type and color of the vehicle parked in the front house, and the situation where the vehicle was being operated in the front house, etc., and the statement is consistent with the objective situation at the time. As to the instant facts charged, it is not consistent because the victim made statements again at the police and the prosecutor’s office as to the victim’s seat, the victim’s place and process, and it is not possible to make a false statement in accordance with the objective facts thereafter.

(3) The Defendant has a tendency to exaggeration his act (which is recognized by the statement of suspect psychological analysis), and only the facts charged in the guilty part are anticipated to be sentenced to heavy crimes, and make a false confession in accordance with the contents of the crime in the list of murder and non-homicide cases presented by the police officers, and such psychological condition may not be ruled out to have been extended by the time of investigation conducted by the prosecution and the time of the first trial date of the court and thereby making a false confession.

Therefore, each statement made on the date of the first trial of this court, the first interrogation protocol of the accused's first interrogation protocol of the public prosecutor (the date of August 3, 2004), the second interrogation protocol of the accused (the date of August 5, 2004) and the third interrogation protocol of the accused (the date of August 12, 2004) cannot be deemed to have probative value that can be believed to have been proven because the authenticity and credibility of the statement itself are extremely doubtful, for the following reasons: (a) the confession circumstance does not appear; and (b) there is a conflict or conflict with other evidence in relation to other evidence.

(3) Each of the records of verification, statement of the site page, records of the case site photograph, images, and 25 copies of the site photograph, are relevant to the circumstances or field circumstances of the crime as stated in the facts charged, and the above evidence alone is insufficient to find the Defendant guilty of the facts charged.

Thus, there is no evidence to acknowledge the above facts charged, and ultimately, it is decided as per Disposition by the decision of not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there is no evidence of crime.

2. As to habitual larceny

A. Summary of the facts charged and the defendant's indictment

Of the facts charged in the instant case, the following points are the violation of the Aggravated Punishment Act.

[A defendant shall be habitually:

Around 07:30 on January 20, 204, at the fourth floor of "Seocheon-dong 13-52, Changcheon-gu, Seoul, Seocheon-gu, 13-52", the victim 22 was able to take the clothes key at 54 knife and locked the said key, and then deducted the said key at the above gnife or the third floor of the victim's knife.e., opening the clothes 54 knife and the cash 40,000 won in possession of the said key at the victim's gnife and 10,000 won in total, including one gift certificate of KRW 10,00 won in gnife and one gift certificate of KRW 10,000 in gnife).

On the other hand, the defendant brought a consistently against the police from the police to the prosecution and this court that he did not steals the above goods.

(b) Markets:

There are statements made by the police and the prosecutor's office in each statement, the victim 22's legal statement and the police's statement.

(1) First, this paper examines each statement made by the police of the police and the prosecutor's office.

The purpose of this case is that "I, from July 5, 2003, I worked as an employee from around 04:0 to 12:00 of the working hours, and the defendant, from around December 1, 2003 to about 12:0 of the face, he can be said to be a single son whose face he knows. On the day of this case, at around 04:0, when I start work and shift, I would like to say that I had been stolen of 30,000 won in cash from the new wall, I would like to look back to 37:30 of the 2nd to 30th to 30 of the 2nd to 30th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3nd of the 3nd of the 3th of the 2nd of the 2nd of the 3th of the gar.

However, according to the defendant's legal statement, the police officer's interrogation protocol of the defendant, the police officer's interrogation protocol of the defendant, the police officer's interrogation protocol of the defendant, the victim 22, and the non-indicted 4's written statement of the prosecutor's office's interrogation statement of the defendant, and the prosecutor's interrogation statement of the defendant's interrogation statement of the defendant 2 and the non-indicted 4, the defendant entered 23:30 on the preceding day of the case and 23:30 on the above 23:30,000 won in cash, and stored 100,000 won in the Kapoter to non-indicted 4. The defendant from 07:30 on the time of the crime of the above facts charged to the defendant, to 09:30 on the above facts that the police officer was at issue and investigated about the possession of the defendant and female-child's belongings, clothes storage, and waste transit, etc., and it can be recognized that the above facts were not found.

In light of the above facts and the facts charged, it is difficult to accept the defendant's statement that he/she kept clothes 54 times from the time of the crime, and later, he/she was aware of his/her face, and there is no room to see it in the process of witnessing the offender. While he/she used the clothes 54 times around 07:30, he/she was able to keep the clothes 237 times before 09:30, the defendant's report was doubtful. From 07:30 to 09:30, it is difficult to view the above facts charged that the defendant's act of larceny to the extent that he/she did not appear to have obtained consent from the police officer, and that it is difficult to find the defendant guilty of the above act of larceny, even if he/she did not appear to have obtained consent from the police officer, it is difficult to view that the defendant's act of larceny and clothes without his/her own consent from the police officer's reasonable time to 09:30,000.

(2) Next, examining the victim 22’s legal statement and the police statement, it is insufficient to view the victim 22 as evidence to have committed the same crime as the above facts charged.

Therefore, since there is no evidence to prove the above facts charged, it is ultimately decided as per Disposition by the decision of not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because there is no evidence to prove a crime.

3. On the violation of the Punishment of Violences, etc. Act (Article 6 of the Act on the Punishment of Violences, etc.)

With regard to the above criminal facts under paragraph (6) of Article 2, Paragraph (2) and Paragraph (1) of Article 2 of the Punishment of Violences, etc. Act and Paragraph (1) of Article 350 of the Criminal Act, the prosecutor prosecuted the above criminal facts by applying Article 2, Paragraph (2) and

However, the date and time of the above crime is around 06:00 on May 7, 2004 or around 07:00 on the same day, and there is no evidence to deem the date and time of the crime as night. Thus, the above facts charged should be pronounced not guilty on the ground that there is no evidence to prove the crime and the facts charged should be found not guilty on the ground that it constitutes a case where there is no evidence to prove the crime, or if

Judges Yellow Freeboard (Presiding Judge)