(영문) 광주고등법원 전주재판부 2021.4.7. 선고 2020노230 판결

1) misunderstanding of facts (the part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and robbery against the victim Kim ○○)

Recognizing the fact that the Defendant murdered the victim ○○ Kim, but the Defendant did not take the Defendant’s her arms and 480,000 won upon his voluntary will. The Defendant attempted to engage in a sexual intercourse in accordance with an agreement with the victim Kim ○, but did not commit rape. The Defendant’s confession statement made by the prosecution is difficult to believe, there is no evidence to reinforce it, and it is difficult to find the Defendant guilty of committing rape and robbery in light of various circumstances. In other words, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of all charges.

2) The assertion of unreasonable sentencing

The imprisonment with prison labor, etc. of the court below is too unreasonable.

(b) Inspection (unfair assertion in form);

The sentence of the court below is too unhued so as to be unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. Key issue and summary of judgment

1) As such, the Defendant recognized the crime of murder against the victim Kim○○ (hereinafter referred to as “victim”) but denied the crime of rape and robbery. ① The victim was a person who has observed and experienced the instant case only by day, but the circumstances at the time became impossible to confirm through the statement of the deceased woman. Ultimately, in the instant case, whether the probative value of indirect circumstances before and after the crime can be recognized to the extent that it can be found guilty of this part of the facts charged can be determined by question. ② The Defendant admitted some of the facts charged in the instant case at the investigation stage, but all of the facts charged at the time of interrogation by the prosecution of the third and fourth instances, which led to the refusal of rape and robbery. Accordingly, it is necessary to examine whether the credibility of the confession statement made by the prosecution can be recognized.

2) In light of the overall circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, the lower court’s judgment that found the Defendant guilty of this part of the facts charged on the basis of multiple objective circumstances and the Defendant’s confession statement with credibility is justifiable. In addition, the confession of the Defendant ought to be supported by reinforcement evidence to the extent that it can be recognized that the confession of the Defendant is not processed, but true, so this part of the Defendant’s assertion is without merit. The supplement or supplement of the lower court’s judgment is as

(b) a series of indirect circumstances in a car;

At the time, the Defendant and the victim were at least two hours in the Defendant’s driver’s car. This part of the crime immediately before and at the time of the crime, the Defendant and the victim’s movement are arranged as follows.

- On April 14, 2020: 22:18:30 (43 seconds) - The defendant suggested that he / she 's "man" by leaving a phone to the victim on April 14, 2020 - The defendant purchased one knife on April 14, 2020 :22:31:34 (49 seconds), 22:36:35 (28 seconds) - The defendant confirmed the victim's telephone on two occasions, and confirmed the location of the day, etc. on April 14, 2020 - The victim disembarked the victim on board the defendant's driver's car to ○○ on April 14, 2020 - The victim disembarked the victim from his knife to ○○ on April 14, 2020 - 22:45 (or around 22:48) on April 21, 2024: 2014

○ 2020. 4. 14. 22:57:03(43초) - 피해자가 피고인 처(▲▲▲)에게 전화를 걸어 통화○ 2020. 4. 14. 23:35:35 - 피해자가 최○○한테서 걸려온 전화를 받지 않음○ 2020. 4. 14. 23:36:53 - 피해자 휴대전화에서 최○○ 휴대전화로 "잇다가 우리집으로 올래 할 이야기 잇어서"라는 문자메시지가 발송1)○ 2020. 4. 14. 23:54:24 - 최○○가 피해자에게 "나집이야"라는 문자메시지 보냄○ 2020. 4. 14. 23:57:06 - 최○○가 피해자에게 "전화좀해봐 먼일잇어?"라는 문자메시지 보냄○ 2020. 4. 14. 23:57:10 - 피해자가 최○○한테서 걸려온 전화를 받지 않음○ 2020. 4. 14. 23:59:08 - 피해자 휴대전화에서 최○○ 휴대전화로 "남친 때문에 문자로 TT"라는 문자메시지가발송○ 2020. 4. 15. 00:01:50, 00:01:59 - 최○○가 피해자에게 "아", "나집이야"라는 문자메시지 보냄○ 2020. 4. 15. 00:02:27 - 피해자 휴대전화에서 최○○ 휴대전화로 "일끝난거야??"라는 문자메시지가 발송○ 2020. 4. 15. 00:06:39 - 피해자 명의 ○○○○○ 계좌(3333-15-이하 생략)에서 적금(92,000원)이 해지된 후,해당 돈이 피해자 명의 다른 ○○○○○ 계좌(3333-04-이하 생략)로 이체○ 2020. 4. 15. 00:12:48 - 48만 원이 피해자 명의 ○○○○○ 계좌(3333-04-이하 생략)에서 피고인 명의 ○○○○ 계좌로 이체)○ 2020. 4. 15. 00:18:41 - 피해자가 하얀 천에 덮인 채 조수석에서 쓰러진 상태에서, 피고인이 승용차를 운전하는모습이 CCTV에 촬영○ 2020. 4. 15. 00:30경 - 피고인이 전주시 완산구 원신덕 마을 인근에서 피해자를 살해

In light of the following indirect circumstances with the criminal defendant and the victim’s criminal records, it is reasonable to view that the defendant at the time controlled a series of processes in a state where the victim’s intention was completely restricted.

1) “The time when the Defendant purchased a knife” refers to the Defendant’s intent to commit this part of the crime. The Defendant purchased a 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 knife knife knife knife knife knife

In light of the fact that the Defendant purchased a knife for the purpose of committing suicide, the Defendant’s knife may not be trusted, in view of the following: (a) the Defendant did not want to provide money to the Defendant at the time; (b) the Defendant’s series of actions and actions that the Defendant sent after committing the crime; and (c) the knife that the Defendant attempted to use for committing suicide was not found in the Defendant’s driver’s car.

2) In light of the following circumstances, it is reasonable to view that the victim her phone to the highest ○○ and Defendant wife by the Defendant’s strong pressure.

A) At the time of the victim’s driving car, the victim was divided into about five minutes of a conversation with the Defendant at the time of the Defendant’s driving car, and again, the victim was sent to the Defendant (as of April 14, 2020 (or around 22:45 (or around 22:48)), the highest ○○ and the Defendant’s wife. In light of CCTV photograph 4, etc. on the circumstances in which the victim was going to get off from the Defendant’s driving car at the time, the victim attempted to get out of the car when refusing the Defendant’s demand, but the victim attempted to get out of the car, but did not reach the Defendant’s strong pressure. Unlike the Defendant’s defense room, there was no reason or circumstance for the victim to have a telephone with the Defendant at the time of leaving the car.

B) Until January 2020, Defendant wife was friendly to the Defendant wife on a two to three-day basis with the victim’s gambling, etc. However, as the Defendant’s wife was faced with a difficult situation due to the Defendant’s gambling, etc., the Defendant wife requested to lend money to the victim. The Defendant wife refused the Defendant’s wife’s request, and the Defendant’s wife deleted the victim’s contact from his cell phone to the victim’s contact with the victim and discontinued the contact with the victim.5) ① The Defendant wife was not the need of the Defendant’s wife, but the Defendant’s contact was first made to the Defendant wife due to the Defendant’s need, and ② the contents of the conversation was also considered to have the Defendant’s wife who reported the victim’s contact with the victim, and ③ The Defendant’s voluntary communication cannot be deemed to have been made according to the victim’s intent in light of the fact that the Defendant could have contacted the Defendant’s wife directly.

C) The last day on which the victim got a phone to the highest ○○○○ was on January 31, 2020, and the last day on which the highest ○○○ was on the phone of the victim was on February 21, 2020.6) It is questionable whether the victim attempted to contact with the highest 00 persons in the face of the crime, in that it is difficult to view that the victim was able to communicate with each other or without a spice. It is questionable whether the content upon the Defendant’s request was “a mutual agreement to lend money which is difficult to easily take part in sponsing another person.” However, it is so because the victim had been aware of the fact that the victim did not have sponed the pertinent content to the highest ○○○○○, that the Defendant had already been in distress due to gambling, etc., and that the Defendant had been well aware of both the victim and the lowest O.

In addition, in light of the following: (a) the victim sent a text message to the ○○○○ who is unaware of the victim’s location map of his house, ② false text message was sent to the victim’s cell phone, ② the victim’s cell phone with the Defendant, ③ the victim used 00 x when communicating her maximum 00 x; (b) the victim was sent a text message (Sms) at the time; and (c) the victim stated that the victim received the victim’s text message and ○○ was perceived as being above the victim’s maximum x○ was also perceived; and (d) the victim expressed that the victim was not in a peaceful state at the time.

① In particular, even though the Defendant attempted to communicate with the largest○○○ upon the Defendant’s request, it is reasonable to view that the Defendant and the victim were in a state in which the victim could not have a maximum amount of telephone conversations with the largest○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ calls.

3) From the time when 480,000 won was remitted from the ○○○○ Account under the victim’s name to the Defendant’s account ( April 15, 2020: 00:12:48) to the 6 minutes ( April 15, 2020: 00:18:41). According to the Defendant’s statement, the victim was discovered in the form of covering the Defendant’s driving car with the top-down on the Myanmar. According to the Defendant’s statement, even if at the time of transfer, the victim made a conversation or divided into a sexual relationship with the Defendant. In short, within the said short time, the Defendant and the victim were the victim himself/herself, and the victim was the victim’s - the victim was the victim’s assault by the Defendant’s assault.

The Defendant cannot be deemed to have proceeded with a series of incidents, such as “driving on the road while driving a car while driving a car.” Even in that the Defendant and the victim’s oral dispute are merely a little degree of gambling, it cannot be said that there was a sudden conflict of appraisal, such as the Defendant’s assertion.

Ultimately, the circumstance that the victim was discovered by the strong exercise of force on April 15, 2020 by the Defendant was that the remittance was not based on the victim’s voluntary intent on April 15, 2020, which was 00:12:48 on April 15, 2020. The case is that the victim was conducted immediately before the remittance was made.

C. Additional indirect circumstances

1) In extenuating circumstances where it is difficult to deem that there was sexual contact with the Defendant due to voluntary will, “The circumstance in which the Defendant’s Y-STR DNA was detected inside the victim’s quality” means that there was sexual contact between the Defendant and the victim at the time. In light of the following circumstances, the victim cannot be deemed to have made sexual contact with the Defendant based on his/her voluntary will.

A) The Defendant changed from September 2019 to November 2019 that he had an internal relationship with the victim. However, as indicated in the lower judgment, the records of telephone conversations between the Defendant and the victim before committing this part of the crime, as indicated in the lower judgment, do not appear only once on September 19, 2019, and once on January 16, 2020. The Defendant changed from other cell phones to have a contact with the victim, but does not present specific contents or details.

Rather, in light of the fact that there was no evidence to see the relationship or contact between the Defendant and the victim from the cell phone type file of a massive victim, the content of the Defendant’s defense room appears to be false. In particular, even though the Defendant was given contact with the victim through the 000 Stockholm function, it is difficult to find out that the Defendant was about the Defendant in the victim’s Boston record (the other party to nine conversations) remaining in the forensic file.

Even if the content of the Defendant’s lawsuit is true, there is no circumstance to deem that the sexual intercourse between the Defendant and the victim who was hedging without having contact for a considerable period of time has been rapidly cut off to the extent that the sexual relationship is divided.

나) 앞서 본 것처럼 승용차 내에서 있었던 피고인과 피해자 사이의 일련의 경과나 분위기 등에 비추어 볼 때, 피해자가 자발적인 의사에 따라 피고인과 성적 접촉을 했다고는 보기 어렵다. 또한, ① 당시 피해자에게 오랫동안 교제 중인 남자친구(이▲▲)가 있었던 점, ② 피해자가 이 부분 범행 직전 남자친구와 3차례 전화통화를 했던 점(2020. 4. 14. 14:22경, 18:49 경, 21:44경),11) ③ 피해자가 피고인 운전 승용차 내에서 피고인 처와 전화통화까지 하였고, 곧 그녀와 만나거나 연락하기로 했던 점에서, 도덕적·윤리적인 가책을 무릅쓰고 피해자가 자발적인 의사에 따라 유부남인 피고인과 성적 접촉을 했다고는 볼 수 없다.

2) The circumstances in which it is difficult to deem that money was delivered upon voluntary will

가) 당시 피해자는 피고인에게 금전적인 도움을 줄 수 있는 경제적·정신적 여유가 없었던 것으로 보인다. ① 피해자는 전세자금(6,000만 원)을 마련하지 못해 금융기관에서 5,400만 원을 대출받았고, 나머지 600만 원도 온전히 마련하지 못해 이▲ ▲ 한테서 300만 원의 도움을 받아야 했던 점,12) ② 당시 피해자 명의 OC DOO 계좌에는 적금을 해지하면서 받은 92,000원을 포함하여 481,518원만이 예치되었을 뿐인데, 그중 대부분이 피고인에게 송금되었던 점, 13) ③ 피해자는 임대료와 국민건강보험료 등 소액의 공과금도 제대로 납부하지 못해 체납 상태였고, 금융기관에 매달 이자도 납부해야 했던 점,14) ④ 당시 피해자에게 고정적인 수입이 없었던 점에서 그렇다.

나) 피해자가 귀하게 여기면서 줄곧 차고 다녔던 금팔찌를 자발적인 의사에 따라 피고인에게 교부했다고는 볼 수 없다. 1 이▲▲은 수사기관에서 "금팔찌는 자신과 피해자가 함께 구입한 것이고, 피해자는 금팔찌를 항상 착용하고 다녔으며, 절대로 다른 사람에게 선물로 주거나 팔지 않았을 것이다."라고 진술했고, 15) 피해자의 사촌 언니(오OO)도 "피해자가 금팔찌를 애지중지하여 다른 사람에게 주거나 팔지는 않았을 것이다."라고 진술했던 점,16) ② 현금으로 도움을 주기도 버거웠던 피해자가 피고인에게 금팔찌까지 교부했다는 것 자체가 매우 이례적인 점에서 그렇다.

C) The victim, together with O○○, remitted the sum of KRW 480,000 to the Defendant including the money that was collected up to 2,000 per day (each 1,000 won). In this regard, the victim sent the sum of KRW 1,80,000 to the Defendant, including the money that was terminated each day. In this regard, it is so long as the victim stated that “The victim was not absolutely terminated the installment savings without his/her own permission, but the telephone was made with the knowledge of the termination without his/her own permission, but the telephone was continued to have been extinguished,” 17) granted a special meaning on the relevant installment savings regardless of the amount of the victim and O○○, and 2) was by the Defendant’s coercion, except that the victim was by the Defendant’s strong pressure, and there was no circumstance to cancel the installment savings at the heart of O○○○

라) 강취한 금팔찌를 자신의 처에게 교부했던 정황에 관한 피고인 변소 역시 궁색하다. 피고인은 "피해자가 금팔찌를 주면서 '팔아서 채무를 해결하라'고 하였다."라고 진술하거나 주장하였지만, 피고인한테서 금팔찌를 교부받았던 피고인 처는 이와 달리 "피고인한테서 선물로 받았다."라고 진술했다. 18) 이에 피고인은 원심법정에서 "처한테 그것(금팔찌)을 주려고 한 것이 아니다. 현금을 꺼내다가 보니까 현금이랑 같이 금팔찌가 나온 것이다. 그래서 자신이 얼렁뚱땅 '당근마켓에서 자기(피고인 처) 주려고 이렇게 한 것이다' 라는 식으로 대답했다."라며 종전 진술을 번복하였는데,19) 이는 피고인이 그동안 전혀 주장하지 않았던 사정일 뿐만 아니라 상식적으로 이해하기도 어려운 것이다.

E) In that the monetary details between the victim and the wife were much more than the monetary details between the victim and the Defendant before the victim’s wife’s wife’s wife’s relationship was terminated, even if 20) existed, the victim appears to have been close to the Defendant’s wife than the Defendant. It is not thought that the victim, who was taking charge of the relationship between the Defendant’s wife and the Defendant, did not lend money to the Defendant’s wife, was able to immediately lend money to the Defendant’s mobile phone at his own will.

D. In light of the fact that the Defendant may believe the Defendant’s confession statement, as indicated in the lower court’s reasoning, in light of a series of progress, etc. in which both the Defendant and the robbery led to the confession of all rape crimes and robbery, the Defendant cannot be deemed to have made a false confession at the prosecutor’s office. In light of the following circumstances,

1) In light of the contents and attitude of the Defendant’s statement at the time of interrogation of the suspect in the third and fourth prosecutor’s office, it is difficult to view the Defendant’s confession statement that existed at the time of interrogation as false.

A) At the time of the third interrogation of the suspect, it was confirmed that the Defendant’s DNA was detected inside the victim’s quality, and the Defendant voluntarily requested an individual interview with the prosecutor without excluding his defense counsel, and the Defendant submitted a resignation statement by stating that “the defense counsel cannot no longer defend the Defendant who is unaware of his/her defense counsel.” As such, upon the presentation of objective material evidence related to rape, the Defendant appeared to have led to a change in the background and led the Defendant to feel a change in the mind, and led to the confession of the crime of rape and robbery in addition to the crime of murder committed by himself/herself with his/her own assistance.

B) ① After the above confession statement, the Defendant refused the additional investigation by the prosecutor and suspended the investigation by the prosecutor. ② The Defendant, while maintaining the previous confession in the prosecutor’s investigation (the fourth prosecutor’s interrogation) on the following day, actively stated the favorable contents to himself, such as the fact that the string of the victim was not a string of the Defendant’s clothes at the location of the Defendant’s house, that the Defendant was not a string of the ten times sexual intercourse with the victim, that the Defendant did not send text messages to the ○○○ while driving the victim, and that the Defendant did not send text messages at the 4th prosecutor’s office, and that the additional investigation was suspended at the request of the Defendant during the fourth prosecutor’s interrogation, it cannot be deemed that the Defendant’s confession statement was made by the inducement or pressure of the prosecutor. In light of the fact that the Defendant’s confession statement was made by the prosecutor at the request of the Defendant at the fourth prosecutor’s office, as pointed out in the lower court, and that it is consistent with objective circumstances.

2) On the contrary to the above confession, the Defendant denied the rape and robbery from the court below to the court below, but its credibility cannot be recognized for the following reasons.

A) As to the content and attitude of the Defendant’s statement that had interviewed the Defendant at the time of the police investigation, it is very high tendency to deny that “the profilinger, who had a same-sex, and, in disadvantageous circumstances, has a same-sex-sex-sex relationship, at all times with a food-related relationship.” This analysis is that there is a tendency to listen to information verified during the investigation process and interpret and rationalize a method favorable to himself/herself.” This is very difficult in light of the content and attitude of the Defendant’s statement that had been changed from time to time whenever there is any unfavorable circumstance or evidence at the investigation stage.

B) The facts alleged or constituted by the defendant from the court below also seem to have arisen from the attitude or tendency of the defendant's statement. ① The defendant made a reasonable answer in the court of the court below that "after the death of a person" was "after the death of a person," ② The defendant was asked about several times in the police and the prosecutor's office (the first and second interrogations) and whether he was sexual intercourse with the victim, and whether he was raped." However, the court of the court below stated that "the prosecutor did not ask about the facts discovered by his DNA in the part of the victim," ③ The defendant did not make a statement in the court of the court below that "in order to vindicate the facts discovered by his DNA in the part of the victim," and the defendant did not make a statement in the court of the court of the court below that "after the death of a person, he did not make a statement to the part of the victim," in light of the contents and the fact that the defendant's new statement was made after the defendant's reliance in the part of the victim.

C) However, it is pointed out that the Defendant did not have any wound of the victim’s neck that was bound by the string of the string. However, the degree of force or the string of the string may not always appear depending on the time. 24) In light of the fact that the Defendant was committing murder by combining the string of the victim’s boom as well as by the same water method, the Defendant’s statement in this part, which was made by the prosecution, can be trusted.

3. Determination on the assertion of unreasonable sentencing by the defendant and prosecutor

There is no particular change in the conditions of sentencing between the lower court and the lower court. As can be seen, in a case where there is no change in the conditions of sentencing compared to the lower court, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, the appellate court need to respect the lower court’s sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In view of the following circumstances, the Defendant

A. As it is impossible to accept the Defendant’s assertion, the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and robbery against the victim Kim○○ and the crime of robbery against the victim’s gambling ○○ is a death penalty or imprisonment for life.

In order for a court to sentence a more minor punishment than the most minor one among the above statutory punishment, there must be a reason for discretionary mitigation prescribed in Articles 53 and 55 of the Criminal Act to the defendant. For the following reasons, it is difficult to recognize a reason for discretionary mitigation prescribed in the above provision, and it cannot impose a more minor punishment than imprisonment for life on the defendant.

1) Unlike time and place, the Defendant murdered two female workers without any means to take the result of the crime called “the death of the victim.” In that there is no way to take account of the result of the crime, the Defendant cannot receive an absolute tolerance. There is no reason to consider the motive of the crime, such as taking away money and valuables that have been satisfying considerable money due to gambling, taking advantage of his or her distorted sexual satisfaction, or taking away money and valuables from the payment of commercial sex acts, and there is a high possibility of criticism against the Defendant’s act in that there is no circumstance attributable to the victims. In particular, even though the Defendant knew that he or she was in the process of the police investigation on the case in which he or she killed Kim○○○, he or she was killed with the victim’s gambling ○○.

2) The Act on the Acceptance of Crimes also is very cruel. The Defendant, who has a strong physical strength and strong strength to achieve good results in the scambling, took his sexual desire and took money and valuables in the victim Kim Jong-○ test, and failed to resist against his own sexual desire, and murder his body with his strong subdivision by force.

The defendant tried to flee from his own assaulted car, put the victim's boomed to the back seat by putting him into the back seat, putting him into the back seat, and prevented him from driving with a transparent tape, and kills the female's boom, "I am gym, I am gym, I am gym., I am hym., I am strongly divided it into the female's bom."

In light of the fact that there was a blood transfusion from the back of the victim's right side, seeing, and left side side of the wall and the back of both sides of the paper-to-face, it seems that the extent of the Defendant's use of force was reasonable at the time of the crime (it is not clear whether the crime was committed in this part, but it is also damaged by some mathal in the adjacent area under the victim's boom○○.)

It is difficult to see the degree of fear and physical suffering of the victims who were frighten in a narrow car where it was impossible to expect another person's help at the night.

3) The victim Kim 00, from the time of birth to the bottom of the alone, was the same as her mother and her mother. The her father's hospital expenses and living expenses that was the first year of high school were set up in a leaflet for the punishment of his father's hospital expenses and living expenses. The victim Kim ○, who was difficult to her mother, was only her mother who could not change the her mother with her mother, and the her mother was the same as the her mother's age, and the her mother was the same as a her mother whose her mother was the her mother and the her mother was the same as a her mother who was the her mother.

At the time of death, ○○○ was the parent’s son at the bottom of the alone after his divorce. At the second year of elementary school, GabO had gricked his father on Pung-kick’s disease alone, and had the father gricked on Pung-kick’s old age, she spreaded the front door on the Nung’s old age, or her part on a part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her part-time her

As such, the victims have taken care of, and kept a sacrific family in the difficult family form, and they have boomed more future and happy families, but they have to close their lives in the world, but they have to do so. The victims were not at least respected as human beings even after they have finished their human ties with the world. The victims were found to have been abandoned by the Defendant at the bottom of the tree and grass after being killed.

In the case of the victim Park ○-○, who was at the time of the discovery, the victim's blurgs had been flurged with his female while the burgs had been flurged.26) As such, the victim's burgs death resulted from the defendant's distorted desire and cruel burging, so the corresponding criminal punishment is essential for the defendant.

4) The bereaved family members of the victims complain of serious stress disorder, such as uncontrol uncontrol fear, concern, labor, and emotional confusion, or appeal of considerable confusion and inconvenience in their daily lives due to extreme difficulty (the father of the victim 200) difficulty, respiratory difficulty, heart-based care, stress, etc. (the victim 200). In addition, the victim's family members complained of serious confusion and inconvenience due to the defendant's visible attitude after the prosecution and the investigation stage, and the defendant's attitude after the prosecution. In addition, the victim's body booms the victim's body, and the victim's brut, and the victim's brut efforts for the victim's family members, and the victim's emotional distress and brutness about the victim's failure to properly distinguish with the victim's family members, and the victim's bereaved family members cannot be able to suffer serious pain and pain from the victim's death.

5) After arresting the Defendant, the investigative agency disclosed the personal history of the Defendant to the media, and before and after the publication of the media, the crime of this case and the behavior of the Defendant caused a great social controversy. This is “The majority of citizens abutting on the relevant news, recognizing the seriousness and seriousness of the instant case in depth, recognizing the seriousness and seriousness of it, and, at the same time, suffering from the fear and suffering of the Defendant’s cruel and suffering, followed by considering how our son, her family, and our society should be observed from the same scarcity as the Defendant.” As such, the seriousness and seriousness of the instant crime were very significant impact on our society.

However, it is not thought that the Defendant understood that his mistake was divided into a serious mind while understanding it. The Defendant only complained of only his suppression in the trial court, but did not submit a rebuttal. In order to be exempted from punishment, the Defendant’s attitude of the Defendant, which denies the criminal act by changing his statement from time to time by the investigation agency and the trial court, or giving a reply to the considerable answer, was imprisoned. During that process, the Defendant seriously damaged the honor of the deceased, such as asserting that the Defendant’s wife-friendly victim Kim ○○ was in an internal relationship with the Defendant.

Even though the defendant could have claimed at least the victim's life if he had divided his mistake early, there is a big help in the defendant's attitude.

6) In light of the Defendant’s sexual crime tendency, degree of lack of compliance consciousness, and degree of lack of respect for community members, including the foregoing circumstances, which can be inferred through criminal records, the Defendant cannot be sentenced to minor imprisonment for life.

B. We cannot accept the prosecutor's assertion

1) Imprisonment with prison labor is a life imprisonment that deprives prisoners of their freedom by permanently isolationing them in society (see, e.g., Supreme Court Decision 2002Do4298, Oct. 25, 2002); and “a life imprisonment” is a severe punishment following the death penalty. “a life imprisonment” itself is a very severe and hot punishment.

In particular, in view of the fact that the punishment of death is an extremely limited punishment, which can be presented by the judicial system, as a serious extreme punishment that deprives of human life, the sentence of death should be allowed only when there are special circumstances to recognize that it is justifiable in light of the degree of responsibility for the crime and the purpose of punishment (see, e.g., Supreme Court Decisions 2006Do354, Mar. 24, 2006; 2012Do8980, Jan. 24, 2013).

In addition, the Supreme Court has accepted and accepted the death penalty of the fact-finding court (see, e.g., Supreme Court Decisions 2004Do575, Jun. 24, 2004; 2006Do354, Mar. 24, 2006; 2015Do12980, Feb. 19, 2016). The Supreme Court also has to compare individual sentencing conditions as well as individual sentencing conditions as indicated in the Supreme Court Decisions 2000Do1507, Jul. 6, 200; 2000Do5736, Mar. 9, 2001; 2001Do6425, Feb. 8, 2002). According to this, the Supreme Court seems to have to have strictly determined whether the death penalty satisfies individual sentencing conditions necessary for the sentence.

2) As above, in light of the strict sentencing guidelines necessary for the sentence of death penalty, it is difficult to readily conclude that the submitted sentencing conditions alone exceeded the reasonable sentencing discretion. It is difficult to readily conclude that the sentencing conditions to the extent that the Defendant’s life was deprived of were fully satisfied on the grounds of punishment.

'양심에 화인(火印) 맞은 피고인으로 하여금 숨이 멎는 그 순간까지 교도소 철창 안에서, 울부짖던 피해자들의 모습을 생생히 떠올리게 하면서 진심으로 자신의 잘못을 뉘우치게 하고 또 깊이 머리 숙여 사죄하도록 하는 것'이 억울하게 유명을 달리하신 두 분 피해자들의 원혼을 조금이나마 달래드리는 길일지도 모른다.

C. Sub-committee

In full view of the following circumstances, the Defendant’s age, career, environment, family relationship, motive, background, means and consequence of the instant argument (including the sentencing data added in the trial) including the circumstances after the commission of the crime, the conditions of various sentencing as indicated in the instant argument (including the sentencing data added in the trial), the scope of recommendations according to the sentencing guidelines of the Supreme Court on important crimes, the scope of applicable sentences, the scope of applicable sentences, and statutory punishment, the Defendant

4. Judgment on the case of a request for attachment order

When a defendant and a prosecutor have lodged an appeal against a prosecuted case, they shall be deemed to have filed an appeal regarding the case of application for attachment order pursuant to Article 9(8) of the Act on the Electronic Monitoring, Etc., however, there is no indication in the petition of appeal or the statement of grounds of appeal concerning the case of application for attachment order submitted by the defendant and the prosecutor, and no reason exists to reverse the original judgment ex officio. Therefore, the relevant part

5. Conclusion

Since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Electronic Devices. It is so decided as per Disposition.

Judges

The presiding judge, the Gimsung

Judges Kim Gon-won

Judges Cho Young-young

Note tin

1) It is not clear whether the Defendant sent the relevant text message, and whether the victim sent the text message.

2) The lower judgment’s content to the effect that “The half of 480,000 won was not the victim’s money seems to be erroneous.”

3) Jeonju District Court 2020Gohap82 Record 806 pages of evidence of the case

4) Jeonju District Court 2020Gohap82 Record 106 pages of evidence of the case

5) 140 pages of the evidence of this case and 124 pages of the trial records in Jeonju District Court 2020 Gohap82

6) No more than 651 of the evidence records of Jeonju District Court 2020 Gohap82

7) Jeonju District Court 2020Gohap82 Record 98 pages of evidence of the case

8) 98 pages, 699 of the evidence records of Jeonju District Court 2020 Gohap82

9) The evidence records of Jeonju District Court 2020 Gohap82 131 pages

10) Jeonju District Court 2020Gohap82 instant evidence records 1,263

11) The evidence records of the Jeonju District Court 2020 Gohap82 61 pages

12) The evidence records of the Jeonju District Court 2020 Gohap82 62 pages

13) CDs bound on the 1,221 page of the evidence records of the Jeonju District Court 2020Gohap82 case (According to the pertinent data, only some amount of loans to other accounts in the victim’s name, and small deposits, etc. are deposited)

14) No more than 1,256 of the evidence records of the Jeonju District Court 2020 Gohap82

15) The evidence records of Jeonju District Court 2020 Gohap82 198

16) Jeonju District Court 2020Gohap82 Record 199 pages of evidence of the case

17) The evidence records of Jeonju District Court 2020 Gohap82 198

18) The evidence records of the Jeonju District Court 2020Gohap82 case 149 to 150 pages, 708 pages, etc.

19) The trial records 389 pages

20) No more than 651 of the evidence records of Jeonju District Court 2020 Gohap82

21) The evidence records of the Jeonju District Court 2020 Gohap82 371 pages

22) The trial records 400 pages, etc.

23) The trial records 381~382 pages, etc.

24) The trial records 172 pages

25) No more than 81 of the evidence records of Jeonju District Court 2020 Gohap167

26) The evidence records of Jeonju District Court 2020 Gohap167 882 pages

27) After the pronouncement of the lower judgment, the Act on the Electronic Monitoring, etc. of Electronic Devices was amended by Act No. 17644 on December 15, 2020. Accordingly, the term “the Act on the Electronic Monitoring, etc. of Electronic Devices” in 12th 18th 12th of the lower judgment is understood as “the former Act on the Electronic Monitoring, etc. of Electronic Devices (amended by Act No. 17644, Dec. 15, 2020). Although the lower court did not state Article 9(2) of the same Act, the period of attachment order, regardless of its application, seems appropriate.

28) In light of the overall circumstances acknowledged by the evidence duly admitted and investigated in the original instance and the trial court, the lower court’s judgment on this part is justified. In so determining, the lower court did not err by misapprehending the legal doctrine and by misapprehending the legal doctrine as to the case involving Jeonju District Court 2020 high-scale167.

심급 사건

-전주지방법원 2020.11.5.선고 2020고합82

광주고등법원 전주재판부 2021.4.7.선고 2020노230

-대법원 2021.7.8.선고 2021도4644

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-전자장치 부착 등에 관한 법률

-전자장치 부착 등에 관한 법률 제9조 제8항

-전자장치 부착 등에 관한 법률 제35조

-형법 제53조

-형법 제55조

-형사소송법 제364조 제4항