(영문) 서울북부지방법원 2017.4.27.선고 2016고합541 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

Text

Reasons

Judges

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.4.27.선고 2016고합541 판결

살인,살인미수,특수공무집행방해,총포·도검·화약류·등의안전관리에관한법률위반,특정범죄자에대한보호·관찰및전자장치부착등에관한법률위반,폭력행위등처·벌에관한법률위반(우범자)

Cases

2016Gohap541 homicide, attempted murder, special obstruction of performance of official duties, guns, swords, explosives

Protection of Specific Offenders in Violation of the Safety Control Act, etc.

Violation of the Act on the Observation and Electronic Monitoring, etc., and Violences, etc.

Violation of the Punishment Act (Person Prone to Crimes)

Defendant

Prosecutor

OO (prosecutions) , ○○, ○○○ (Public Trial)

Defense Counsel

Attorney ○○○ (Non Line)

Imposition of Judgment

April 27, 2017

Text

A defendant shall be punished by imprisonment for life.

Seized evidence 1 through 29, 33, 34 shall be confiscated.

Reasons

Facts of crime

① On February 2, 2001, the Defendant was sentenced to a suspended sentence of two years and six months to a violation of the Punishment of Sexual Violence Act (special lectures, etc.) at the Seoul High Court on May 8, 2001, and the said judgment became final and conclusive on May 2, 2001. ② On June 12, 2003, the judgment became final and conclusive on June 12, 2003, and the said suspended sentence became null and void. ③ On November 5, 2004, the Defendant was in violation of the Punishment of Violences, etc. Act at the Changwon District Court on June 21, 2007.

On September 12, 2012, two years of imprisonment with prison labor due to the crime of deadly weapons, etc., the execution of each of the above punishment was completed in the Ansan Prison. ⑤ On April 19, 2016, the Daegu High Court sentenced a three-year attachment order to an electronic device "one electronic device" to a person eligible for wearing the electronic device from April 14, 2014 to April 13, 2017.

After being released from office on September 12, 2012, from around December 2, 2014 to May 2015, the Defendant: (a) obtained a job at 3 hours in the rice farm; (b) however, he was retired from work as a part-time work; (c) failed to adapt to the working environment; and (d) failed to make an investment in securities with money created by the loan; and (d) failed to pay profits.

From around the world, without any particular occupation and income, it has been living in the house, and it has led to a heavy life.

As a result, the Defendant had to move to a lower place of residence. Accordingly, according to the Defendant’s demand or demand, there was a burden of paying KRW 170,000 won monthly rent every month by concluding a lease agreement with a new director on February 2, 2016. However, even if the Defendant entered into a new residential lease agreement, the Defendant, who had been previously living, was still obligated to pay the monthly rent of KRW 170,000 per month. However, due to the fact that the Defendant continued to move to an existing ○○○-ro, Seoul, ○○○○-ro (Dong Dong), ○○○○-ro, ○○○○○, and ○○○○, which had been living in the past, did not move to a new residential lease agreement, there was an increase in economic difficulties.

The Defendant, without any stable income source, was unable to receive the economic support of the punishment after April 2016, and reached the situation where the interest on the debt that was previously loaned was overdue around May 2016.

Accordingly, the Defendant requested the lessor of the existing residence in the above ○○dong to pay the lease deposit amount of KRW 700,000,000,000,000 in advance and deducted the remaining monthly rent from the deposit amount. On the other hand, the Defendant requested the competent Gu office to provide the “emergency livelihood support” and received approximately KRW 410,000,000 per month for every three months. However, even after August 2016, the Defendant was unable to prepare more money in the same way.

As such, the Defendant thought that there is no room for the future improvement of the extremely difficult economic situation, and led to one’s own situation, the Defendant thought that the police who investigated sexual crimes that were subject to criminal punishment (such as economic crisis and social adaptation) led them systematically and systematically, and that the police led to a deep network for the police.

피고인은 먼저 위와 같이 성폭력범죄로 수사를 개시했던 ○○○ 경찰서 소속 경찰관들이 자신을 상대로 억울한 누명을 씌운 것이라고 생각하여 이들을 칼로 죽이려고 마음먹고, 2016. 5. 경 서울 강북구 ○○로에 있는 가게에서 일명 사시미칼 ( 칼날길이 21. 5cm ) 4점을 구입한 후, 가해하는데 용이하도록 손잡이 부분을 덧붙여 기다랗게 만들었다. 한편, 경찰로부터 총을 탈취하는 시도를 하기로 마음먹고, 정확한 총의 사용법을 미리 알아보기 위해 2016. 5. 경 ○○○ 부근에 있는 불상의 가게에서 리볼버 형태를 지닌, 비비탄 발사가 가능한 총기를 구입하였다 .

Since then, the Defendant has purchased such firearms as above in order to remodel them for the purpose of killing them.

5. From around 30 to 31, necessary materials were prepared for around 31 around 31. ① First, it was necessary to purchase the '○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ product, and '○○○○○○○○○○○○○○○○○○○○○○○’ product, respectively. ② The '○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’ product, ② the '○○○○○○○○○○○’ and '○○’’ product, and ② the '○○○○○○○○○○○○○○○○○○○○○’ product, and the '○○○○○○○○’ product, etc. composed of a kind of 20,00 dynamics and similars in Seoul.

In addition, in order to learn the method of manufacturing and remodeling firearms and the method of using firearms accurately, the Defendant identified the method of making a private gun by searching ○○○○○○, an Internet video website for about two months, and eventually, through such preparation process, the Defendant made a private gun and a private gun bomb in the same Dong where he still resides in the police officer from August 2016 to September 2016.

On the other hand, around February 15, 2014, the Defendant was in charge of ○○○○○○○○, ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○,” and the broker was aware of the victim’s work in the above residence of the Defendant, and sought personnel affairs. However, the above A did not act as a broker of the Defendant’s residence. Since the Defendant succeeded to the “○○○○○ Real Estate from February 20, 2014, which was after the Defendant entered into a lease contract, the Defendant did not face-to-face and did not properly receive personnel affairs. The Defendant thought that the Defendant was able to have resided in the building from A, and that there was a very strong inconvenience. After that, the Defendant and the Defendant appeared to have been aware that there was an electric dispute between A and A, and that there was a considerable reason to see that the Defendant had been an electric toilet for 2015.

As above, the Defendant was suffering from the police officers of the ○○○○ Police Station that arrested himself by overcoming a series of unexpected circumstances such as poverty and social adaptation, etc., and the police also "one speed between work club and postship". As such, the Defendant continued to interfere with the Defendant's life in order to rationalize his life after the post, thereby obstructing the Defendant's surrounding situation, etc. In addition, it has been deepening that the Defendant was in a position A, who had shown an attitude to eradicate the Defendant who was economically and economically poor, on the last line of the police activities that interfered with the Defendant's own life, and that the Defendant thought that the Defendant was a sort of secret police organization and police officers with a cover of life, and that it was a kind of secret police officer with a view to overcoming the Defendant, and that it was more serious.

After all, the Defendant, who was unable to visit economic poverty, was forced to move his residence to another place where it was extremely low monthly and other places, and the director's obsessation took place, and once again, he suggested that he was "brut defect that he performed" to him on October 17, 2016, but he was refused to do so on the ground that "I do not drink" was "I do not drink." Accordingly, the Defendant was able to demand the movement route and tool to kill A and practice it, and the police officer was punished by the police officer on the ground that he was found to have been punished by the police officer on the ground that he was killed in the direction of a failure escape after the completion of the commission of the crime against A.

1. Violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;

(a) Manufacturing and possessing the maternity guns;

Even though anyone could not manufacture or possess a capt gun that seems similar to a gun, the defendant tried to learn and directly manufacture the capt gun from August 2016 to September 2016 at the place of residence of the defendant in Seoul ○○○-ro, ○○○-ro, ○○○-ro, and ○○○○○-dong (○○ Dong), using a cellphone device used by himself/herself, at the ○○○○○○○○○ site using a smartphone device.

이에 피고인은 위와 같이 모의총포 제조에 필요한 재료를 마련한 다음, 위 알루미늄 파이프로 총열을 만들고, 화약이 폭발하면서 그 압력이 뒤쪽으로 모두 빠져 나가는 것을 막기 위해 베어링을 넣은 뒤 글루건 ( glue gun, 전기로 열을 가하면 녹는 본드 ) 으로 채우고는 나무로 파이프 뒤쪽을 막은 후, 총알 ( 탄환 ) 으로 사용할 개당 1. 2g인 쇠구슬 3개를 종이테이프로 싸서 뻑뻑하게 만들어 넣어 앞쪽으로 빠지는 것을 방지하고는 발사추진 화약으로 최소 0. 5g 이상을 넣어 각 파괴력이 0. 98kgm을 초과하도록 하는 방법으로 모의총포인 사제 총 17정을 제조하였다 .

Accordingly, the defendant was manufactured and possessed 17 Guns.

(b) Manufacturing of bomb coal;

No person shall manufacture explosives, etc. unless he/she has obtained permission from the competent authorities for the manufacturing business of explosives, etc.

Nevertheless, without such permission, the Defendant, at the Defendant’s residence located in ○○○○○-gu, Seoul and OOOO (Dong) from around August 2016 to Haman on September 2016, 2016, obtained the principle of powder emission through ○○○ as above, and first put the small powder (type of powder) called “○○○○○○○○○○” in the middle of the materials purchased as above in the middle of the middle of the year 2016, she stored the small (type of powder) into the middle of the middle of the year 2016, she manufactured two so-called bombs by putting 50 slick on the middle of the day after deducting the hick from the outside of the humb, and then she manufactured two so-called bombs by sealinging the entrance of the bottle.

Accordingly, the Defendant manufactured explosives, which are explosives, without obtaining permission from the competent authorities.

2. Violation of the Punishment of Violences, etc. Act (the person committing the crime);

On October 18, 2016: around 20, the Defendant carried a total of seven knifes to attack police officers, including four knife points, which are dangerous objects of arbitrarily remodeled, in front of the above ○○ Real Estate.

Accordingly, the defendant carried 7 knife, which is a dangerous object that might be used for a crime without any justifiable reason.

3. Attempted murder;

A. As to the victim A

On October 18, 2016: around 20: around 20, the Defendant: (a) thought the victim to kill the above ○ Real Estate for the foregoing reason; (b) left the ○○○○○○○ for the foregoing reason; and (c) left the OO (Odong) immediately next to the ○○○-gu Seoul, ○○○○; (b) left the 1st place out of the PO guns held as above, and 3 parts of the PO were installed in five total spaces, respectively; and (c) did not comply with the launch. Accordingly, the Defendant, following the escape of the ○○○○-ro, Seoul ○○○○○ (OOdong); and (d) thought the victim died of the ○○○○○-ro, a dangerous object in front of the real estate.

Therefore, although the Defendant attempted to kill the victim, it did not correspond to the bomb, did not go against the bomb, and did so to cut the price of the victim by the bomb for continuing murder, and in the process, he did not go through the original purpose of murdering the victim.

B. As to the victim B

The Defendant, at the same time and place as “3-A,” and at the same time and place, even though there is frequent traffic of many unspecified persons, the Defendant launched a private gun containing five strings and three strings for each total unit. The Defendant, at the same time and place as “O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O's main intent was not achieved for murder.

Accordingly, the defendant tried to kill the victim, and the defendant committed such an injury as the number of days of treatment in the process.

4. Violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

The Defendant, at the ○○○○○○ parking lot, “OO - OO - OO - ○○○○○ in Seoul, ○○-gu, ○○○○,” as above, destroyed the e-mail (ID: ○○○○○) that was worn on one’s right shoulder by a person who was in possession of an investigative agency’s tracking while escaping from the above A and was trying to escape.

5. homicide;

The Defendant: (a) destroyed e-mail as stated in paragraph (4) and escaped immediately about 50 meters in the direction of the e-mail; (b) and 30: around October 18, 2016, the Defendant: (c) killed the victim C and D on the ground that the police officer, who was dispatched to the site after receiving 112 reports, arrived at the site of the victim C and D on the ground that the vehicle was sent to the site, and was sent to the site, and that the vehicle was sent to the site, the police officer, who was called the victim C and D on the ground that he was sent to the scene, was killed of the victim’s e-mail manufactured directly from the chief of the e-mail, as above, at a distance of about 5 meters away from the victim’s shoulder, thereby damaging the victim’s e-mail at a distance of about 5 meters, thereby damaging the victim’s e-mail.

6. Special obstruction of performance.

The Defendant, at the same time and place as paragraph (5) and at the same time and place as 112 reported, sent the police box to the police officer D, etc. belonging to the police station for about 10 minutes, such as continuing to launch a gun, which is a dangerous object.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers in relation to the prevention, investigation, and suppression of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E, F, D, G, H, I, and J;

1. Each police statement of K, A, B (as shown in the evidence list No. 3(a) of the judgment in the evidence list, "A" is not distinguished from A, but corrected to B as stated in the judgment in order to avoid duplication and stated in B; hereinafter the same shall apply), L, and M;

1. Each protocol of seizure;

1. A verification report, a written appraisal of the Seoul Science Investigation and Investigation Research Institute (such as dump, handout, etc.), a written appraisal of the National Research and Investigation Institute of Science (explosion 17 firearms), a written appraisal of the National Research and Investigation Institute of Science (No. 17 firearms 17 firearms), a written appraisal of the National Research and Investigation Institute of Science (the results of analysis of digital evidence), a written appraisal of the National Research and Investigation Institute of Science (the working clothes, etc. of police officers), a written appraisal of the National Research and Investigation Institute of Science (the results of analysis of digital evidence), and a written appraisal

1. Victim B’s total photograph (No. 14), 112 report (No. 16), photo, such as heararar, worn at the time of committing the crime (victim C’s corpse and criminal history investigation report), body autopsy report (suspect ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○), investigation report (Investigation into the suspect’s and crime scene), victim’s photograph, ○○○○○○○○○○○○○ Hospital’s opinion, etc. (Investigation, etc. into the suspect’s △△△△△△△○), investigation report (Request for appraisal of the suspect’s remaining materials, such as his residence, etc.), photo, favorable photograph, investigation report (information on the suspect’s location information, victim’s search report and investigation report, etc.) attached to the victim’s cell phone, and (Attachment of investigation report and investigation report on the suspect’s ○○○○○○○○○○○○○ Hospital);

Application of Statutes

1. Article applicable to criminal facts;

Article 73 subparag. 1, Article 11(1) of the Act on the Safety Control of Firearms, Knivess, Swords, Explosives, Etc. (the manufacture and possession of maternity guns), Article 70(1)2, Article 4(3) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the manufacture of a breadth), Article 7(1) and (3) of the Punishment of Violences, etc. Act (the occupation of carrying dangerous objects), Articles 254 and 250(1) (the attempted murder committed against Victim A and B) of the Criminal Act, Articles 38 and 14(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, Article 250(1) (the occupation of homicide), Article 144(1) (the occupation of each special obstruction of performance of official duties) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Performance of Special Duties)

1. Selection of punishment;

In regard to murder, each crime of murder, each crime of life imprisonment, violation of the Safety Management of Firearms, Swords, Explosives, etc. Act, violation of the Punishment of Violences, etc. Act, violation of the Act on the Protection of Specific Offenders and the Electronic Monitoring, etc., violation of the Act on the Protection of Specific Offenders and the Act on the Attachment of Electronic Devices

1. Aggravation for concurrent crimes;

Article 37 (Punishment under the former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act. Article 50 (Punishment of Punishment and Punishment for Murder with the largest Crimes of homicide)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Results of jury verdict

1. A violation of the Act on the Safety Management of Firearms, Knivess, Swords, Explosives, Etc. due to the manufacture and possession of maternity guns;