2012Gohap12 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.);

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

(x)a corpse concealment;

2012. Order to attach 20

A

Preliminary (prosecution, public trial)

Attorney B (Korean National Assembly)

October 18, 2012

A defendant shall be punished by imprisonment for life.

A knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

The information on the accused shall be disclosed and notified for ten years.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 30 years.

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

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On November 2, 2005, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have been sentenced to imprisonment with prison labor for not less than four years due to the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. at Busan High Court.

【Criminal Facts】

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

The Defendant, at around 07:50 on July 16, 2012, was asked from the victim F (n, 10 years of age) of the fourth grade of the E elementary school residing in the neighboring village in the village in front of the D office located in Tong-si, Tong-si, through a request from the victim F (n, 10 years of age) who was living in the neighboring village to the school, consented to the request, and then was laid off on the top of the 1 ton cargo vehicle of G 1 ton which the victim was set up in the said hole, and then was on his own.

The Defendant reported the victim’s bridge which has been short in the above vehicle, and failed to resist the victim’s mind to have sexual desire and rape the victim, and to resist against the victim by saying, “I am dead if I am able to see if I am her......................” The Defendant: (a) obstructed the victim from being able to take a test plastic tape, which was used in the storage of goods between the driver’s seat and the chief lighting, with the above tape; (b) putting the victim into the above vehicle and bring him her away from the vehicle so that I cannot see the victim; and (c) put the victim into the vehicle and loaded it on the vehicle; and (d) put the victim’s cell phone to the victim, she find out the victim’s cell phone in order to avoid his criminal act; and (d) put the victim’s cell phone in the neighboring

In addition, the Defendant: (a) went to the H Memorial and I’s neighboring beaches, etc. while driving the victim on the above vehicle; (b) arrived at the front of the KJ Village in the Tong-si, Tong-si, one’s dwelling place, and (c) took the victim’s speech at the bottom of his house at around 08:27 on the same day; and (d) asked the victim to listen well to the victim’s speech; and (b) asked the victim’s voice and the victim’s knick-kick-kick-kick-kick-kick-kick-kick-kick-kick-k

The Defendant continued to be off the clothes of the victim, putting the victim on the floor of the room, putting the wall on the victim’s sound part, putting the victim’s string away from the wall, putting the victim’s string, again holding the above string tape on the above string, put the victim’s string away from the kitchen, putting the body of the victim in the negative part of the victim and the victim’s string, and string off the string and stop the string hand on the part of the victim, and string the string of the body of the victim with the string of the string and the string of the string of the string, and let the victim promptly put the string of the victim’s sexual organ into the victim’s string, and let the victim wear the string of the string.

As a result, the defendant tried to insert the sexual organ of the victim into the part of the victim. However, when the victim gets off and resists the body of the victim, 3 to 4 times the victim's vessel, and 3 to 3 to 4 times the victim's vessel in order to suppress the sexual organ, but the sexual organ was failed on the wind, although the victim tried to put the sexual organ into the part of the victim's sound.

The Defendant: (a) the victim was able to keep the female in a scambling with the victim’s continuous noise; (b) the victim was forced to scam the female; (c) the victim was scam in a scam on the scam, which had been on the scambling; (d) the victim was scambling with the victim’s scam to avoid committing the crime by means of murdering the victim’s scams, etc., by fear of committing the crime when the victim was scambling; and (d) the scambling of the female with the string at the living room, and the scambling of the victim and the victim had the victim died of the scambling by pressure at the scam, so far as it is difficult until the victim was scambling, and then the victim died due to the scambling by pressure.

As a result, the defendant attempted to capture a minor victim under the age of 13 and commit rape, and murdered the victim.

2. Concealment of carcasses;

After committing the crime of paragraph (1), the Defendant: (a) laid the body of the victim in mind to conceal his/her crime by breaking the body; (b) laid the body of his/her string with the string; and (c) laid the string in the string to the string; and (d) laid the string to the string to 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 2012.

Accordingly, the defendant concealed the body of the victim.

【Fact of Grounds for Attachment】

Where a defendant commits a sexual crime within ten years after he/she was sentenced to imprisonment with prison labor for committing a sexual crime and the execution thereof is completed, he/she is likely to recommit a sexual crime, and is likely to recommit a sexual crime, and a person who commits a sexual crime under the age of 16 is likely to recommit a sex crime. A person who commits a sexual crime and commits a homicide is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police station and each prosecutor's protocol of examination of the accused;

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

1. Requests for appraisal by each National Scientific Investigation Institute;

1. Each internal investigation report (A's vehicle tracking line, attaching A's moving information, inserting seized articles, and attaching a vehicle photograph, from among the string of vehicles, fences CCTV, and M CCTV screen images);

1. Each investigation report (attaching photographs to verify the body of a victim, and attaching a photo of on-site verification);

1. Criminal records, inquiries into criminal records, investigation reports (a copy of the same kind of judgment, etc. attached);

1. 성폭력범죄의 습벽과 성폭력범죄, 미성년자 대상 유괴범죄 및 살인범죄에 대한 재범의 위험성 : 앞서 든 각 증거들 및 청구전조사서에 의하여 인정되는 다음과 같은 사실, 즉 피고인은 술에 취하여 심신미약의 상태에서 2005. 1, 13. 17:00경 통영시 N마을 앞 냇가에서 다슬기를 채취하고 있던 62세의 피해여성을 발견하고 피해여성을 넘어뜨린 후 어른 주먹 크기의 돌로 가슴과 머리를 내려치고 양손목과 목을 묶고 입을 막은 다음 양손으로 목을 졸라 기절시키고 풀밭으로 옮겨 강간하려고 하였으나 피해여성이 기절하는 바람에 미수에 그치고 약 4주간의 치료를 요하는 흉골 골절 등의 상해를 가한 사실로 징역 4년을 선고받고 2009. 5. 1. 그 형의 집행을 종료한 전력이 있음에도, 출소 후 약 3년만에 10세에 불과한 피해자를 약취하여 성폭력범죄를 범하고 살해한 이 사건 범행을 저지른 점, 알코올 사용 장애 진단검사(AUDIT-K) 결과 총점 31점(26점 이상부터 알코올 의존증상 의심)으로 심각한 수준의 알코올 의존양상이 있고, 취중에 시비로 폭력범죄를 저지르기도 하였고 과거 성폭력범죄 역시 음주로 인한 심신미약상태에서 이루어져, 피고인이 음주 상태에 있을 경우 다시 성폭력범죄 등을 범할 위험성이 높은 점, 어린이 등 범죄에 취약한 여성을 대상으로 하는 범행이 반복된 점, 피고인에 대한 한국 성범죄자 위험성 평가도구(KSORAS) 및 한국 성인 재범위험성 평가척도(KORAS-G)에 의한 평가결과 재범 위험성이 모두 '높음' 수준에 해당하는 점, 그 밖에 이 사건 범행의 동기, 범행 후의 정황, 피고인의 성행, 환경 등을 종합하여 보면, 피고인에 대하여 성폭력범죄의 습벽과 성폭력범죄, 미성년자 대상 유괴범죄 및 살인범죄에 대한 재범의 위험성이 인정된다.

Application of Statutes

1. Article applicable to criminal facts;

Articles 9(1), 14, and 7(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, Article 5-2(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 287 of the Criminal Act, Article 161(1) of the Criminal Act (a person who commits murder after kidnapping a minor), Article 161(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Rape, Inducement, etc.) and the punishment prescribed for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavier

1. Selection of punishment;

Selection of life style for the crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Punishment of concurrent crimes;

The former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (or Article 50 of the Criminal Act shall not be imposed on any other punishment, since a person has selected an imprisonment for life with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which

1. Confiscation;

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

Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Articles 9 (1) 1, 5 (1) 1, 3, 4, 2 and (3), and 9-2 (1) of the Act on the Monitoring, etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed;

Registration of Personal Information

Where a conviction becomes final and conclusive on the criminal facts of a sex offense against a child or juvenile, the defendant is subject to registration of personal information pursuant to Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act.

Reasons for sentencing

1. Scope of legal applicable sentences: Life imprisonment;

2. The scope of recommending sentencing criteria for crimes for which sentencing criteria are set:

【Determination of Punishment】

Murder Crime Group, Type 4 (Murder combined with Serious Crimes)

【Special Convicted Persons】

A special person: A victim who is vulnerable to a crime, or a abduction and inducement for a purpose to criticize;

【Determination of Recommendation Area】

Aggravation: Imprisonment for not less than 20 years, life imprisonment or more;

3. Determination of sentence;

A. Terms of sentencing

According to the records of this case, the following circumstances are recognized.

1) The Defendant’s age, occupation and experience, character and conduct, intelligence, educational degree, growth process, family relationship, etc.

A) Around August 1966, the Defendant was born to 5 South and North 2 females in the Presidential Decree, Fifth, and was born to 5 South and North son and son and son and son under the above age, but only part of the Defendant et al. were educated at middle school or higher due to family marization. The father of the Defendant was born to fluoral son and son, and was engaged in fisheries, agriculture, and was negligent in farming, but the Defendant was born to her home by her out of the country around the first and second years of elementary school, and the mother was able to live a difficult life by her opening her mountain water, selling or writing. Accordingly, the father of the Defendant was born to her wife and her children with a chief sonial attitude, and was presumed to have been seriously affected by the Defendant’s failure to conduct the investigation on the claim against the Defendant, and the Defendant was presumed to have been affected by the Defendant’s moral sense and moral influence of the Defendant’s aggressive and sexual violence.

B) On February 24, 1979, the Defendant graduated from the Common E Elementary School. Each school year, with a large number of seats without permission, and the learning development was not achieved due to lack of attendance and desire for learning. The characteristics of the act and comprehensive opinion that “it is not sufficient to answer only the horses to be asked, and is imprupted during the school hours without any sexual and stringing regulations,” and that “it is of an unstable and weak nature that “I am out of school and I am gymbling, and I am gymbling, and I am gymbling at all at all times.” After that, the Defendant had a large number of absence at middle school, the department record was the lowest right of absence for basic learning and study, and the behavior characteristics and comprehensive opinion were not sufficient, and there was no opinion that “I am gymbling and gymnishing,” and that I am out of the Chinese school, and did not have to pay money from the middle school.

C) The Defendant began with a diving fishing vessel of 16 years old and younger than 1981, and thereafter met the long-term 1-2 months, 6-month boarding, and 17-18 months, and went into a house before leaving the house during the period of leaving the house, and had a sexual intercourse first experienced upon finding a sexual intercourse. After which the Defendant was her friend who was enrolled in a shipbuilding yard in the shipbuilding yard and was her friend for about 19 years from 1984 to 19 years old, the Defendant her friended 3 times with a daily distance from 1984 to 19 years old, and was subject to criminal punishment for fraud, theft, and violence, and was subject to criminal punishment on 19 years old and 19 years old, the Defendant was subject to a fine of 9 years old and 19 years old and her friended her daily life. The Defendant was subject to a 8-year friter’s license.

D) Around 2002, the Defendant, without a personal work, sent a small distance to his parents on a computer, along with his parents in his house. On March 3, 2002, the Defendant had been hospitalized in a P Hospital by drinking pesticides around March 3, 2002 and attempted suicide. On April 202 and April 2002, South East East and South were prepared to find employment after his graduation from the university, and was committing suicide. The Defendant was able to see that he committed suicide according to his own life.

E) After that, the Defendant was under the influence of alcohol on one occasion while on January 2005, the Defendant was under the influence of alcohol. Around January 1, 2009, the Defendant was discharged from the Korea National Park Service for four years on the same day. After release, her parents were living together with her parents for about five months. Around that time, her marriage was conducted through a marriage information company by introducing a Vietnam female under 25 years of age through her marriage information company, and her work for four months and began to collect her her her her her son (hereinafter referred to as “the instant vehicle”). The Defendant leased 1 floor of the J Community Center, the place where the instant crime was committed by her mother and her her her her son, and then continued to collect her her her son’s her son’s son’s her son’s son’s son’s her son’s son’s her son’s her son’s her son’s her son.

F) Meanwhile, the Defendant was hospitalized in Q Hospital for 102 days from Jan. 21, 2005 to May 2, 2005, which was immediately after the sexual assault was committed on or around Jan. 21, 2005, due to mental division and personality disorder. After that, the Defendant was given mental diagnosis at the Public Medical Treatment and Custody Center around Jun. 7, 2005, which was under trial, with emotional depression, and intelligence was common level of 1 Q87. As a result of clinical examination, it is presumed that damage and related accidents or tendency were presumed to have been committed, but whether the Defendant’s sick experience was related to alcohol at the time of the crime, and that the Defendant was judged to have continuously and repeatedly used alcohol at the time of the continuous and repeated crime, and that it was highly doubtful and harmful to mental disorder, and that it was highly doubtful and harmful to sexual impulses at the time of the crime, and that the Defendant was given with mental disorder and opic influence at the time of the crime.

G) From August 2007 to the recent date, the Defendant did not receive a mental treatment, and it was confirmed that a person who was conducted the investigation before the claim had a serious level of alcohol dependence as a result of the examination of the disability using the grading method, and the evaluation of Korea’s sexual preference did not appear to have the result of the examination of the previous test of the disability using the grading method, and the sexual preference tendency for the child was not shown, and there was no deviation or impulse that had been significantly revealed in the interview, and the acceptance of rape norms was not high as a result of the examination.

2) Criminal records

가) 피고인은 1985. 6. 25. 사기죄로 벌금 5만 원을 선고받은 것을 시작으로, 1987. 10. 30. 절도죄로 징역 6월에 집행유예 1년, 1988. 9. 9. 폭력행위등처벌에관한법률위반죄로 벌금 30만 원, 1988. 10 27. 폭력행위등처벌에관한법률위반죄로 벌금 20만 원, 1989. 11. 1. 폭력행위등처벌에관한법률위반죄로 벌금 10만 원, 199612. 13. 사기죄로 벌금 150만 원, 1997. 4. 15. 사기죄로 벌금 100만 원, 1998. 8. 28. 사기죄로 벌금 30만 원, 2000. 9. 30. 도로교통법위반(무면허운전)죄로 벌금 30만 원, 2004. 2. 24. 도로교통법 위반(음주운전)죄 및 도로교통법 위반(무면허운전)죄로 벌금 100만 원, 2006, 7. 6. 사기죄로 벌금 50만 원의 처벌은 받은 전력이 있고, 이 사건과 동종의 범죄 전력으로, 술에 취하여 심신미약의 상태에서 2005. 1. 13. 17:00경 통영시 N마을 앞 냇가에서 다슬기를 채취하고 있던 62세의 피해여성을 발견하고 피해여성을 넘어뜨린 후 어른 주먹 크기의 돌로 가슴과 머리를 내려치고 양손목과 목을 묶고 입을 막은 다음 양손으로 목을 졸라 기절시키고 풀밭으로 옮겨 강간하려고 하였으나 피해여성이 기절하는 바람에 미수에 그치고 약 4주간의 치료를 요하는 흉골 골절 등의 상해를 가한 사실로 2005. 9. 2. 이 법원에서 징역 5년을 선고받고, 이에 심신상실, 양형부당 등을 주장하며 항소하여 2005. 11. 2. 부산고등법원에서 징역 4년을 선고받아 위 형이 확정되었다. 피고인은 2009. 5. 1. 진주교도소에서 위 형의 집행을 종료한 후 출소하였다.

B) At the time of returning from the Jinju prison, the Defendant was designated as a person who is in need of intensive care (person in need of self-reliance) due to the previous suicide instrument power, etc., and was in need of a stable leave fee due to mental fissionative illness, and was living in the sergeant. There was a psychiatrist’s opinion that there was a need for a stable leave fee due to a mental disorder. While there was a force of fighting in a ward during the prison, there was a war thereafter, but there was a mental disorder exempted from disciplinary action.

3) Relationship with the victim

The victim was a female student of 10 years old in the fourth grade of E elementary school residing in the family of the defendant, his father, 9 son, her father, her mother-gu, and her mother who had been living together for about 4 years ago, and was living together with the victim, etc., so he was living together for 3 months prior to the occurrence of the instant case. The father of the victim was living together in the construction site, and his father was living together in another area according to the construction site. Since her father was living in another area, there was a little case where she was living in the construction site, and it was difficult for the victim to live in the house separately from 2 to 3 months before her mother and her mother were living in the house, and there was a lot of her mother-gu and her mother-gu who was living together with her mother and her mother-gu who was living together. The victim was living in the village and her mother-gu, who was living together with her father and her mother-gu.

After the release, the Defendant came to know of the victim living in the upper village, who was living in the upper village after the release. If the victim was born to the school, the victim was born to the school by using the instant vehicle, and if there was no money to buy or borrow art supplies from the school, the Defendant tried to provide the victim with the money. On the way of coming back to the house, the Defendant was living in the house.

4) The motive for committing the crime, the means and method of committing the crime, the consequence, the circumstances after committing the crime, etc.

A) At around 07:00 on the day of the instant case, the Defendant rejected the instant vehicle on the ground that the Defendant asked the Defendant, who was at a bus stops adjacent to the instant road, to board the instant vehicle at a dry field that is growing approximately 300 meters away from the house, to drive the instant vehicle at around 07:40, but asked the Defendant to walk the vehicle to the school, but was bad. In other words, at the time of a dry field, the victim still waiting for the bus at the bus at around 07:4,00, the Defendant rejected the instant vehicle and parked the vehicle at the door above the bus stop, and again parked at around 07:44,00. The Defendant did not want to see why the Defendant was frighten and frighted, and the Defendant was frighten and frighted, and the Defendant did not have any other frighten and frighted to have his family.

B) On the ground that the victim who was sitting in the driver’s seat was suffering from the short half of the buckbuck bridge, and the victim wants to have a sexual intercourse with him, the Defendant said that “if you have to suckbucks, buckbucks, you will see it,” and then bucks the victim’s hand to the tape in the storage of the goods, bucks the victim’s hand, bucks the victim’s hand, bucks the victim with the tape in the storage of the goods, bucks the victim’s hand, tights the victim’s bucks, bucks, tights the victim’s cell phone to avoid the occurrence of the crime, and puts the victim’s cell phone in a nearby area with approximately 30 meters away from the 30-meter radius.”

C) At around 08:10, the Defendant driven the instant vehicle, and returned to the victim’s body at present, and considered how the victim would be able to report. At around 08:27 of the same day, the Defendant arrived at the J community hall, which is one’s residence, and went to a small room that she lives. The Defendant would hear the victim’s horses well, and kid the victim’s knife and knife the tape with a knife from the instant vehicle. The Defendant continuously laid off the victim’s clothes, laid off the victim’s clothes on the floor, laid the victim’s knife, laid the knife, laid the victim’s knife, laid the victim’s knife, laid the victim’s knife, laid the victim’s knife, laid the victim’s body, laid the victim’s knife, laid the victim’s knife, laid the victim’s knif, and cut the victim’s body.

D) The Defendant continuously prevented the victim from suffering a scam on the part of a scam, which was on the part of the scam, but the victim continued to sleep, and reported that the victim was scam, and when intending to kill the victim, scaming the victim's scam back to the scam, such as scambling the victim's arms, etc., by scaming the victim's scam to the tape. The Defendant scam with the scam set off in the ward and the victim's scambling with the scambling of the victim and the victim's scambling

E) With regard to the motive of the Defendant’s crime, the investigator in charge of the investigation before the claim against the Defendant has a limited social nature with regard to the Defendant’s criminal motive, so that the Defendant has a strong sense of self-esteem and self-reliance that it is unable to adapt to society, and is weak enough to control impulses. If the problem arises due to such a nature vulnerability, the emotional desire is improperly satisfied in a way of abusing alcohol due to avoiding stress and failing to respond appropriately to stress situations. In addition, the investigator in charge of the investigation into the Defendant’s claim against the Defendant, which lacks the protection ability of the victim’s family, is trying to resolve the sexual desire with an opportunisticistic approach, and the victim tried to conceal the mistake through the extreme selection of the victim, which is the murder, by failing to respond appropriately to stress situations.

F) When the victim died, the Defendant brought the Maglass in the instant vehicle in mind that he would move the victim to the Maglass, and put the victim into the Maglass, by binding the victim’s bridge, etc. on the Maglass and the victim’s clothes, banks, and shoes, etc., and had the victim covered with the reported Maglass and the victim’s clothes, banks, and shoess on the instant vehicle at around 08:38.

After that, while driving the instant vehicle, I think how to deal with the victim while drinking balb at the national balbb, and we think of how to deal with the victim. The Defendant reported the instant vehicle to the instant vehicle to be put into a place where the Defendant was in a water storage in the country where he galb was located, and reported to the instant vehicle to the place where the Defendant was in a water storage. At around 12:50, at around 12:50, the Defendant added the balb to the galb in the front of the galb and galb, added the galb, added the galb to the galb, galb, and covered the soil. Around that time, the Defendant laid down the road into the balbb.

G) At around 15:09, the Defendant, at around 15:09, arranged straw water with a high water storage, dried steel with a high water, and dried water. At around 18:00, the Defendant performed the work of collecting high water, such as removing a boiler installed with a boiler and a boiler, etc., but, at around 19:00, the Defendant, as a house, carried out fishing at the top of the R, getting out fishing and getting out fishing at around 19:00. On the following day, at around 3:0, the Defendant entered into a new wall and fright together with a middle line and fright together with a middle line and fright at around 5:0 a.m. at around 5:0 a.m.

아) 한편, 사건 당일 오후 피해자의 아버지는 피해자가 학교에 나오지 않았다는 연락을 받고 신고를 하여 피해자를 찾기 위한 수사가 진행되었으며, 피해자의 아버지는 사건 다음 날 아침 피고인의 집에 찾아가 피고인에게 피해자가 없어졌는데 보았냐고 묻자, 피고인은 07:40경 버스정류장에 있는 피해자를 보았다고 말해주었고, 이에 2012. 7. 18. 피고인에 대하여 참고인조사가 이루어졌는데, 피고인은 경찰에서 참고인조사를 받으면서 목격자인 것처럼 진술을 하였다. 심지어 피고인은 방송 인터뷰에서도 목격자로 행세하며 목격사실에 대해 인터뷰를 하기도 하였다. 2012. 7. 19. 이 사건 차량에 대한 혈흔반응 검사를 실시하자 기어박스 하단 바닥과 조수석 콘솔박스에서 루미놀반응이 관찰되고, 차량 내에 있던 커터 칼에서도 루미놀반응이 관찰되어 감정의뢰가 이루어지면서, 피고인의 행적에 대한 수사가 진행되었다. 경찰이 피고인을 의심하자 겁이 난 피고인은 집을 나가 이 사건 차량을 S항 깊숙한 곳에 주차해두고 택시, 버스 등으로 이동하면서 모텔에서 자거나 산속에서 자면서 숨어다녔고, 죄책감 등으로 산에서 자살을 하려고 시도하였으나, 산을 오르던 중 농약이 든 병이 떨어져 깨지는 바람에 일부를 핥아 먹기만 하였다.

5) Whether there is reflectivity, degree of damage recovery, fear of recidivism, etc.

A) On July 22, 2012, the Defendant confirmed the victim’s body in the camping where investigators and victims were released, and then arrested the victim’s body in the workplace, and all of the instant crimes were recognized from the investigation process to the instant court. The Defendant expressed the victim’s mind by taking advantage of the victim’s name clothes through reflectivity, etc., but does not endeavor to recover damage. The victim’s bereaved family members want to be sentenced to death penalty, which is the highest penalty prescribed by the Act, for the Defendant who lost her father and her mother’s life. Meanwhile, after the victim’s disappearance, the police decided to conduct an open investigation, disclosed the victim’s photograph, etc. through newspapers, broadcasting, etc., and reported the investigation process in real time through the media, and submitted an application for death penalty or a heavier punishment against the Defendant by ordinary persons, other than the bereaved family members, to this court.

B) The Defendant is unable to adapt well to society, and has attempted suicide, and there is little need to receive mental therapy due to this problem, and there is a tendency to abuse alcohol. In addition, it seems that there is a high risk of preventing the crime similar to the instant case against vulnerable objects, such as the elderly or young children, by failing to participate in the instantaneous sexual desire while they live under the influence of alcohol, due to low self-esteem and weak impulse control power.

B. Consideration of the sentence of death penalty

1) Article 9(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a penal provision applicable to the instant crime committed by the Defendant, prescribes only death penalty and life imprisonment as statutory penalty.

2) Murder is a serious crime in which a person’s life, which is a valuable value that cannot be altered under this world, and the result is very heavy and in any way it is impossible to recover damage. Furthermore, the act of taking the life of a child, which should be protected first in all sides, is a serious crime that cannot be used more than that of general murder, and thus, the act of killing a child should be punished more severe than that of general murder.

3) The instant case is a case in which a female elementary school student who believed the Defendant and asked the school to be able to get off her vehicle, but only 10 years old, went to meet his/her sexual desire, and the victim gets out of the victim's sexual desire to commit the crime after she died of her resistance, and the victim gets out of the victim's sexual desire. When a son who believed her will to assist himself/herself to commit the crime, he/she threatened himself/herself with her by changing her her name into one order, she was able to get off her clothes and commit an indecent act while she moved to a her house with tape and her hand, she was unable to get out of his/her body and have been sentenced to death without prison labor, and it is difficult for the Defendant to have been released to the public by taking into account the fact that she got out of the victim's sexual desire and her sexual desire to live more than the date of the instant crime.

(c) Requirements for a death sentence to be permitted.

1) As to the sentence of death penalty, the Supreme Court of Korea takes into account the fact that the death penalty is a very limited punishment to a brupted punishment of a life-sustaining country, which can be presented by the dualistic judicial system of a life-sustaining country, and the degree of responsibility for the crime and the purpose of punishment. Therefore, in the issuance of the death penalty, the sentence shall be allowed only when there is an objective circumstance clearly that can be justified in light of the degree of responsibility for the crime and the purpose of the punishment. Therefore, in the case of the sentence of death, the sentence shall be determined by thoroughly considering all the following factors: (a) the offender’s age, occupation and experience, character and behavior, character and behavior, education, family relation, family relation, existence of criminal records, motive for the crime, degree of preparation, means and method, degree of seriousness, seriousness of the result, victim’s number and appraisal; (b) the depth and attitude of the crime after the crime; and (c) the degree of recovery of damage caused by the crime, and (d) concerns about the sentencing.

2) In addition, Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; 15; 25; 30 years where the upper limit of imprisonment is increased; 50 years where the upper limit of imprisonment is changed to 50 years; and 50 years where the upper limit is increased, the sentence should be imposed only when it is deemed that the long-term imprisonment for life, which is a life deprivation of liberty, is significantly different from that of the limited imprisonment. In the future, the sentence of death that deprives a prisoner of his/her life by permanently removing the prisoner from the society permanently, has to be imposed on the case where it is deemed that there is a lack of imprisonment for a limited term of 50 years, and it is difficult for the State to maintain the life of an unspecified prisoner only when it is impraded by marcing it, such as murdering or annually.

(d) Determination of sentence;

1) As to whether the sentence of death is reasonable for the Defendant to commit a crime, it is difficult to deny that the Defendant, who was sentenced to punishment for committing a sexual crime, committed the crime, did not have any room to use the victim’s body by itself. Furthermore, if the Defendant wishes not only his bereaved family members but also the Defendant to be sentenced to death penalty due to the crime of this case, it would be difficult to deny that the sentence of death would be a provoking of the victim who sacrificed, and that it would not be the best way to warn our society in order to prevent recurrence of similar crimes. However, in light of the fact that the Defendant was unable to receive proper lessons from his or her family environment or parents, and that the Defendant did not use the victim’s body for committing a crime of this case, but also failed to meet his or her initial desire to use the victim’s body for committing a crime of this case, and that it would be difficult to view the Defendant’s attempt to commit a crime of this case, other than the crime of this case, even if he or she did not have been able to receive proper education from his or her parents.

2) From this point of view, the requirements for the sentence of death penalty presented by the Supreme Court of Korea, namely, the defendant's age, occupation and career, character and behavior, intelligence, education degree, growth process, relationship with the victim, motive of the crime, existence of prior plan, degree of preparation, means and method, degree of cruel and badness, victim's degree and degree of importance, victim's number and appraisal, depth and attitude after the crime, reflectness and attitude, degree of damage recovery, degree of recidivism, fear of recidivism, etc., centering on the matters stipulated in Article 51 of the Criminal Act, fall under the case where the sentence of death penalty is clearly given in light of the degree of responsibility for the crime of this case and the purpose of punishment, or it is not sufficient to say that the defendant's concealment of his life in this world has reached a situation that is considerably compatible with the nation or society.

3) As to the instant crime committed by the Defendant, the instant court decides to choose a sentence of life imprisonment, not death penalty, among the statutory penalty prescribed by the statutory penalty. Considering the overall circumstances revealed in the instant crime, it is determined that there exists no reason to reduce the selected life sentence, and thus, it is so decided as per Disposition by the Defendant with the sentence of life imprisonment as

Presiding Judge, Judge Park Jae-ju

Judges Park Jin-ju

Judge Park Jong-min

A person shall be appointed.