2017 Highly 452 Robberys

A

Kim Jong-ju (prosecutions and public trials), Kim Phee-dong, and sexually-suspects (public trial)

Attorney Park Pung-hee, Nai (Korean)

January 9, 2018

A defendant shall be punished by imprisonment for life.

Criminal History Office

【Criminal Power】

On September 17, 2002, the Defendant was sentenced to two years of imprisonment and four years of suspended sentence for violating the Act on the Protection of Juveniles from Sexual Abuse in the Busan District Court, and on January 20, 2004, the Defendant was sentenced to seven years of imprisonment for violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (special robbery, rape, etc.) at the Busan High Court on February 20, 2004 and the said judgment became final and conclusive on February 2, 2004, and the sentence of suspended sentence becomes void and the execution of the final sentence is completed in the Jinju Prison on March 9, 2012.

【Criminal Facts】

The Defendant, in the absence of certain income at the time and the debt amounting to KRW 80,00,000,000 for every month, has to pay KRW 1,00,000,000 to the interest of every month, but without any particular reason, she fright to gambling by sending gambling money and living expenses.

On May 21, 2002, from around 23:20 to the following day from around 23:20 on May 21, 2002, the Defendant discovered the victim B (the 22 years of age), and prevented the victim from resisting by means of intimidation with deadly weapons, etc., and then deducted the victim from the victim the bank ordinary deposit passbook, C Bank installment savings passbook, identification card, seal, etc., and then discovered the password of the above C Bank ordinary deposit passbook, and then, on May 22, 2002, released KRW 2.96 million using the ordinary deposit passbook of the victim who was demoted at the point of death and injury of the Busan Bank located D Bank at around 12:18, 202, the Defendant murdered the victim with a knickly weapon (the knickly weapon presumed to be a deadly weapon) at around that time.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the witness F's legal statement (no part containing another person's statement, other than the defendant, shall be admissible as evidence);

1. Each police statement of G, H, I, J. K, L, M, N,O, P, and Q;

1. The National Institute of Scientific Investigation and Research or a response to requests for digital analysis (2017-M-25328);

1. Each investigation report (Evidence Nos. 8, 14, 32, 34, 73, 86, 89, 91, 98, 112, 137, 147, 172, 227, 234, 238, 248), and accompanying materials for each investigation report;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records (A), the dispatch of judgment (2003 punishment No. 7009)-A special robbery;

1. Article applicable to criminal facts;

Article 338 of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Although the defendant took the bank of the victim, and withdrawn the deposit money of the victim using the passbook in the bank, the defendant did not take the above bank from the victim, and did not murder the victim in the process.

2. Results of the jury verdict;

○ guilty: Seven persons;

1. Scope of applicable sentences by law: life imprisonment;

2.The scope of recommendations based on the sentencing criteria: In the case of latter concurrent crimes of Article 37, the sentencing criteria shall not apply, but shall refer to the following criteria:

[Scope of Recommendation] Category 4 (Joint Murder of Mass Crimes), Aggravation (at least 25 years, and at least imprisonment for life)

[Special Persons in Charge] The Act on the Acceptance of Criminal Crimes

3. Sentencing opinions on jurors;

○ Death penalty: Three persons;

○ Life imprisonment: Four persons;

○ 15 years of imprisonment: Two persons.

4. Determination of sentence: Imprisonment for life;

The senior judge of the presiding judge;

Judge Muma decoration

Judges Park Jae-in