Defendant 1 and one other

Edification

Law Firm White, Attorney Choi Han-soo et al.

Defendant 1 is punished by imprisonment with prison labor for a maximum term of fifteen years, seven years, and fifteen years, respectively.

The 140 days of detention prior to the pronouncement of this judgment shall be included in the above sentence against the Defendants.

The seized livers (Evidence Nos. 1), 1 Byung (Evidence No. 2), 1 for medical use (Evidence No. 3), 1 for dry lives (Evidence No. 4), 2 forlives (Evidence No. 5), 1 forlives (Evidence No. 6), 1 forlives (Evidence No. 7) forlives (Evidence No. 7) shall be confiscated from each of the Defendants.

Defendant 1 is between Defendant 1 and the victim Nonindicted Party 1 (man, 22 years of age) around April 2004, and Defendant 2 was the victim’s scam scam, and Defendant 2 was the victim’s scam scam, and the Defendants came to know of one another through the victim around January 2005, and from February 2, 2005 of the same year, it was suspected that Defendant 1 was living together with Defendant 1’s wife and the victim had stolen money from Defendant 1’s leakage or house in addition to the suspicion that Defendant 1 was living together with the victim, and that Defendant 1’s father and the victim had sexual intercourse with the victim. From January 2, 2005, Defendant 1’s husband and the victim had no mind that Defendant 1 had sexual intercourse with the victim, and that Defendant 1 did not have any scambling with the victim.

1. Defendant 1

At around 07:00 on February 12, 2005, the victim, who was found to be clothes, has stolen money from the defendant's leakage or the house, and the victim, at the time when she went to the boom, heard that he was sexual intercourse with the defendant's father at the time she went to the boom, she assaulted the victim by taking six times the victim's face and four times the side of the victim's face by taking the rest of the f and the side flick.

2. The Defendants conspired to:

A. On or after February 15, 2005, the victim was released from all the clothes of the victim and was prevented from going out of the entrance. When the defendants going out of the entrance, the victim was locked with locks installed outside the entrance when the defendants go out of the entrance, and in such a way as to prevent the victim from escape by surveillance due to any person, etc. even if inside the house, the victim was locked with violence on or after March 10, 31 of the same year and detained the victim on the right side for about 45 days until he died, while putting the victim under confinement for about 45 days until her death, by force as follows.

B. While recognizing that the victim’s death may be caused by continuous violence, such as exercising violence from time to time and, in particular, taking the victim’s body in a state where the previous body was not treated, taking the victim into account his or her illness, etc. or faced with his or her head with the wall, the victim’s death may be caused.

(1) At around 20:00 on February 15, 2005, the victim was found to have 200 meters tracked the victim who was living in the same place and attempted to flee, and Defendant 1 was found to have the head and face of the victim 1 on a drinking, and Defendant 2 was also found to have the head and face of the victim 1 on a drinking, and Defendant 2 was also frightd to have the head and face of the victim on a drinking.

(2) At around 20:21:00 of the same year, Defendant 1 was an empty in the face and head of the victim when 10 times the head was 10 times, on the ground that the victim who saw off and dried off all clothes and dried off without having to work, Defendant 1 was 5 times a drinking face and was in a scheme.

(3) On the 25th day of the same month, at around 21:00, on the grounds that the victim scokes without working, and the victim scokes and divings, Defendant 1 is a empty mick, when Defendant 1 has head scokes to the degree that the victim scokes to the degree that the victim scokes, and Defendant 2 also 2 has head 2cm in number when the victim scokes with the same disease;

(4) At around 21:00 on the second day of the same month, Defendant 1’s face, etc. 10 times in a number of head of the victim’s head on the ground of the foregoing reasons, and Defendant 1’s face, etc. 5 times in a iron fuck box, and Defendant 2’s fluent flus in a flusium, and Defendant 2’s flusium flusing the victim on the back of the same month, the flusium flussium flussium flusium flussium flusium flusium,

(5) At around 21:00 on March 10, 21 of the same year, Defendant 1 made the victim’s bucks and bucks, etc. in which the victim’s bucks and bucks and bucks, etc. are carried out as soon as possible for the same reason;

(6) On the 20th of the same month, at around 21:00, when the victim continuously bucked with the face of the assault in question, the victim’s face was unfolded, and the victim was locked even though the snow did not see so, Defendant 1’s hacker’s hacks and hacks the victim’s hacks, and Defendant 2 also hacks the victim’s hackbbbbbs, etc. on the hacker’s face and head at the time of drinking, and the victim’s hacks the victim’s hacks.

(7) On the 30th of the same month, at around 22:00, at the same time, the victim who was unable to withstand the pain due to continuous assault of the Defendants sent out of the house, and went out of the house, and the victim's face, head, side gate, and clothes were faced with the victim's face, face, head, and head, so that the victim can lose the mind and use it on the room of the room. At the same time on the 30th of the same month, the victim's conspiracy and buck with the victim's humbbbbbuck in a manner that the victim's humbbbbs and hums in a place where the victim's humbuck were humbuck at the body of the victim, and the victim's body was humd with the victim's body, and the victim's 2nd degree dum humb, and the victim died with 10th of the victim's face when the victim died.

1. The Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. The prosecutor’s statement concerning Nonindicted 2

1. The police statement of Nonindicted 3

1. Inspection records prepared by a judicial police officer;

1. Records of seizure and the list of seizure (investigative records, 264 through 265);

1. A written result of autopsy;

1. A written autopsy and appraisal;

1. On-site and photographs (on-site 46 through 75 of investigation records);

1. The abstract of the lawsuit;

Defendant 2’s defense counsel asserts that Defendant 2 used violence against the victim as stated in the facts of crime, or that Defendant 2 did not intend to kill the victim.

2. Determination

The criminal intent in the crime of murder and murder does not necessarily require the intention of murder or planned murder. It is satisfied if it is possible or foreseeable to cause the death of another person due to one's own act, and its recognition or prediction is not only conclusive but also conclusive. It is so-called dolusence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder or assault, whether or not the defendant had the criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type and method of the crime, the nature and repetition of the prepared deadly weapons, and the possibility of causing the death (see, e.g., Supreme Court Decision 200Do5590, Mar. 9, 201).

According to the evidence duly admitted by a member of the party, the defendants detained the victim for about 45 days, and during that period, Defendant 1 continued to use the telegraph of the victim for supposed or supposed, sick, and supposed. Defendant 2 was also in combination with Defendant 1, and was involved in the "joint principal offender", such as the victim's side interest and suppressiond, supposed by drinking in the same manner as Defendant 1, and the victim was supposed, supposed, supposed, supposed, supposed, and supposed, etc., due to the above violence for the long time of the above defendants to cause the state of general salt, and died in the end of the country. In light of the time and frequency of violence, the attitude and degree of violence, and the relationship between the defendants, Defendant 2 cannot be said to have been aware of the intent of the victim's death by the above act.

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant 1

○ Violence: Article 2(2) and (1) of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act

Article 277(1) and Article 30 of the Criminal Act

Article 250(1) and Article 30 (Selection of Imprisonment with Labor)

B. Defendant 2

Article 277(1) and Article 30 of the Criminal Act

Article 250(1) and Article 30 (Selection of Imprisonment with Labor)

1. Aggravation of concurrent crimes;

Defendants: Articles 37 (former part), 38 (1) 2, and 50 (In the case of Defendant 1, an aggravated punishment of concurrent crimes with punishment as provided for in the most severe judgment of punishment, and an aggravated punishment of concurrent crimes with punishment as to Defendant 2, within the scope of the sum of the maximum punishment as provided for in the heavier judgment of punishment, as to Defendant 2) of the Criminal Act

1. Calculation of days of detention;

Defendants: Article 57 of the Criminal Act

1. Land to be submerged;

Article 48(1)1 of the Criminal Act

1. Illegal punishment;

Defendant 1: Article 2 of the Juvenile Act and the main sentence of Article 60(1) of the Juvenile Act, Article 4(2) of the Act on Special Cases concerning the Punishment of Specific violent Crimes

Defendant 1 is a person who exchanged with the victim before committing the crime, and Defendant 2 is a person who is a man with the victim's body. Defendant 2 concluded that the victim 1's lives and sexual intercourse had been committed, and without compensation, the victim's face is able to be reported by the victim, and the victim's hair is detained for 45 days after the victim started to leave the victim's clothes, and the victim's hair, face, side, and clothes within the confinement period cannot be found to be differentiated, and the victim's body cannot be found to be cruel and cruel, and it is hard to see that the victim's body might be cruel to the extent that the victim's body might not be cruel, and it is hard to see that the victim's body might be cruel to the extent that the victim's body might be cruel, and that the victim's body might not be cruel to the victim's body.

However, in light of the fact that the victims' surviving families appeal against the defendants by mistake to the bereaved families of the victims late at the end, the defendants divided their mistakes in the court, and shown anti-discrimination light in the court. In the case of defendant 1, violence inherent in the course of coming up to the outside third village in the course of coming up with the outside third village due to the bad family environment, it is difficult to conclude that there is no other criminal record except for the juvenile protective disposition one time due to special larceny, it is difficult to conclude that there is no room for edification and improvement as a juvenile under 20 years of age. Defendant 2 developed under an inappropriate family environment, such as the father's drinking wall and severe physical punishment, and that there is no other criminal record, and that there is only 22 years of age, it is reasonable to sentence imprisonment for a limited term, rather than imprisonment for life, to the defendants.

Judges Lee Jong-soo (Presiding Judge) Promotion Account