(영문) 서울남부지방법원 2020.6.11. 선고 2020고합12 판결

A person subject to an order to attach an electronic device shall be placed on probation for five years, and matters to be observed in the attached Form shall be imposed.

The request for the attachment order of this case is dismissed.

Reasons

Criminal facts and facts constituting grounds for probation order 1)

【Criminal Facts】

The defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendant") are Dair crew and the victim E (30 years of age) who is a police officer are more closely related to the victim's marriage society at the time of marriage on December 2018.

Around August 2019, the Defendant was under investigation by the police on the ground that he taken a bridge photograph of the workplace rent, and the Defendant was in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) from the workplace rent. The Defendant was under investigation for about three months until he was subject to a non-prosecution disposition (suspected suspicion) on November 20, 2019, because he could no longer receive the U.S. visa, etc. if punished under the name of the above crime, he could no longer work as flight crew.

On November 20, 2019, the Defendant, upon receiving a disposition of non-prosecution (suspected) on the charge of the investigation of the instant case, promised the victim who was under investigation of the said case to give advice by telephone from time to time to time and became able to talk with each other.

피고인은 2019. 12. 13. 19:20경부터 같은 날 22:24경까지 서울 영등포구 F에 있는 'G' 주점에서 피해자와 함께 1차로 소주 4병을 나누어 마시고, 같은 날 22:26경 서울 영등포구 H에 있는 'I' 주점에서 피해자와 함께 2차로 소주 2병, 맥주 1병을 나누어 마셨다. 피고인은 다음 날 00:06경 서울 강서구 J에 있는 'K' 위스키 바에서 피해자와 3차로 700㎖ 위스키 1병의 절반 가량, 칵테일 60㎖ 1잔을 나누어 마시던 중, 피해자가 술에 취해 졸자 피해자에게 "취했으니까 그만 가자."라고 말하고 01:22경 피해자와 함께 위 주점에서 나왔다.

Around 01:22 on December 14, 2019, the Defendant sought to catch a taxi in the vicinity of the main place of "K" to move the victim into his house, which originally promised to do, and the victim refused to take a taxi on the ground that the Defendant is treated as the victim, "I would have taken it, I would have taken it off," and the victim first gets on the back of the taxi, and gets the victim's body and gets the victim into the taxi, and gets the taxi into the taxi with the victim's body and getting the taxi into the taxi, and getting the taxi into the taxi at the exit of twice in the transmitting station around 01:36 on the same day.

The defendant, who gets off from a taxi, refers to "the victim kisk and kisk", and continued to refuse to go together with the defendant's house, led the victim more, and dusted. The defendant moved the victim to the Gdong-gu Seoul Metropolitan City L building Mdong, the defendant's residence, and led the victim's losses, leading the victim's losses, and moved the elevator to the above building N, around 01:51 on the same day.

On December 14, 2019, from around 02:03 to 02:29 on the same day, the Defendant attempted to suppress the victim by means of saving the victim’s legss, going up on the body part of the victim, who continued to be in annoyed, annoyingly defective floor of the victim’s body, and coming up on the victim’s bridge by cutting down the victim’s bridge with his own bridge. The victim’s left hand led to a fighting on the part of the defendant’s body in which the part was pushed down.

피고인은 집으로 오는 도중 피해자의 주사(酒邪)로 인해 쌓였던 분노, 성폭력 범죄로 경찰 수사를 받는 과정에서 누적된 스트레스 등의 영향으로 순간적으로 감정이 폭발하여, 피해자의 얼굴 부위 등을 반복적으로 강하게 타격할 경우 피해자가 사망에 이를 수도 있다는 점을 충분히 인식하면서도, 주먹으로 피해자의 얼굴을 수회 힘껏 내려치고 이에 몸부림을 치면서 일어나려는 피해자의 안면부를 다시 가격 하였으며, 이미 저항능력을 상실한 피해자의 머리를 붙잡아 안면부를 그곳에 있는 침대 프레임 측면 모서리와 방바닥에 수차례 내리 찍었다.

As a result, the Defendant continuously assessed the victim in the same way that blood, which was flown from the head of the victim, in the same way as that which would be scattered on the wall of his own body and the inner wall, and caused the victim to die by leaving the victim in his body only and without permission, thereby causing the victim to death of the victim by "abrupting force caused by over-explosion and loss of face caused by damage to his head cover."

[Fact of Grounds for Probation Orders]

In light of the background and method of the instant crime, motive of the instant crime, character and conduct, environment, etc., the Defendant is likely to recommit the murder crime, as stated in the judgment below.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witnessO;

1. Statement of the police about P;

1. A fact-finding survey report, on-site inspection video CD, and a autopsy and appraisal report;

1. On-site inspection reports, written results of autopsy, written results of autopsy of a corpse, physical safety at a scene of a change, and physical safety at a scene of a change from a scene of a change;

1. Each protocol of seizure (No. 13,17) and the list of seizure (No. 14,18) dated December 14, 2019;

1. Investigation report (influence, such as a result of the analysis of the type of bloods of a suspect A homicide), replies and replies as a result of the analysis of the form of bloods, and a result of the analysis of the form of bloods (deficial 93-5 through 18), respectively;

1. The investigation report (related to the results of the analysis of the simplified form of blood transfusion), the report on the analysis of the shape of blood (Simplified No. 40), the investigation report (related to the summary-2 of the results of the analysis of the form of blood transfusion), and the report on the analysis of the form of blood trace (Simplified No. 59);

1. Report on the occurrence of a crime, report on internal investigation (related to the verification of CCTV images at the scene), internal investigation report (related to the movement route and active identification of a suspect and a victim), investigation report (information on the reasons for entry of a suspect and a victim), investigation report (information on the suspect and a victim's latest accompanying investigation, etc.), investigation report (information on the investigation report (information on the cell phone list that is urgently seized from a suspect), investigation report (information on the cell phone list that is urgently seized from a suspect), investigation report (information on the scene of scientific investigation by the Seoul Regional Police Agency and the Scientific Investigation Team), notification on the investigation (information on the scene of CCTV), notification on the suspect and the victim's own, report on the investigation (information on the 64 years old) (information on the moving route and the victim's identity), investigation report (information on the suspect and the victim's identity of the suspect and the reasons for entry of the suspect in the presence at the time of the crime), investigation report (information on the investigation organization and the victim's identity report, interview report on the suspect's body report and external evidence report (1).

1. The risk of recidivism in the holding: In full view of the following evidence, investigation reports (as a result of the criminal review and analysis against A of a suspect), requests, social reports, and the following circumstances that may be recognized by a prior investigation report, and other circumstances, including the defendant's age, character and conduct, the environment, the motive and background of each of the crimes of this case, the means and methods, and the circumstances after the crime, it is deemed that the defendant is likely to recommit the crime of murder.

① As a result of the adult risk assessment of recidivism risk assessment tool (KORAS-G) against the Defendant, the Defendant’s total point of 10 points falls under the intermediate level of recidivism risk. As a result of the assessment of the PC-R, the Defendant’s total point of 15 points in place falls under the intermediate level of recidivism risk based on qualitative characteristics of mental disorder.

② The crime of this case was committed by the Defendant with great alcohol, resulting in an excessive attack against the victim, resulting in stress and violent nature. Although the Defendant was not subject to criminal punishment even before, the Defendant did not assault another person under the influence of alcohol at university or college.

③ As a result of the preliminary examination on the Defendant’s interference with alcohol use (AUD IT2), the Defendant fell under the category of 23 points in total, and the Defendant frequently experienced so-called “boomout”. In light of the Defendant’s volume and frequency of drinking alcohol, the Defendant seems to have a high probability of leading to violent crimes in a specific situation where the Defendant’s decentralization and aggressive nature may occur under the influence of alcohol.

Application of Statutes

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

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Issuance of probation orders and matters to be observed;

Article 21-3 (2) and (1), subparagraph 3 of Article 21-2, the main sentence of Article 21-4 (1), Article 9-2 (1) 4 and 5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (where a request for attachment order is dismissed, the probation order shall be issued ex officio as the need for probation is recognized).

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

Although the defendant used to assault and injure the victim and caused the death of the victim, the defendant did not have the intention of murder, even if the intention of murder is recognized, it is limited to dolusent intention, and the state of mental health and injury at the time of the crime.

2. Facts acknowledged by evidence;

(a) Injury suffered by a victim, degree, and private person;

1) According to the on-site identification report and the body autopsy report of the officer of the law and the body autopsy report, in the vicinity of the inside part of the inside part of the victim, a person who has shorted the direction of the width of 10.5 to 13§¯ in width and the number of seats in the surrounding part of the inside part of the inside part of the victim, and in the inside part of both sides, a rupture, a rupture, a rupture, a rupture of the inside part of the inside part of the body, a rupture, a rupture of the inside part of the body, a rupture, a rupture of the inside part of the body, a rupture of the body, a

2) According to the autopsy test report, the victim was judged to have the wide range of face accompanied by the tear of the mama body, to have the skin and face wide range, to have the body and face damaged, to have the body and the body and the body and the body of the body, to have the body and the body and the body and the body of the body, to have the body and the body and the body and the body and the body and body of the body, to have the body and body and to have the blood observed, to have the body and body and to have the body and the body damaged the head and body and the cause of death was to have the body and body and the body and body damaged (the excessive blood and face damaged due to the head and face impairment).

(b) Field conditions, such as blood traces;

1) The Defendant’s house structure is as follows. The inside room, at the scene of the crime, is a string on a white presse, a trout lease is set on the front door of the visit, and the Defendant’s house structure has been set at one cost for air condition between the visit and the said route. At the time of the instant case, the victim appears to have enjoyed a route between the said route and the air route.

A person shall be appointed.

2) On the day of the instant case, the Defendant returned back to the Defendant’s house located near the Defendant’s house, followed the victim’s body, she dived up to the inner room, and she dived the victim’s body. At the time when the 119 Rescue Team member and the police were called to the site of the instant case, the victim diversed the face of the face between the Defendant and the air office, and she was exposed to the Defendant’s body. The victim’s head and the body side of the victim, and the body side of the victim’s head and the body side of the victim, had a considerable quantity of blood trace, and a large number of blood is scattered on the wall surface of the victim’s head.

As a result of the analysis, the witnessO, who is a police scambal-type analysis team, analyzed the above blood scambal-type as follows, and presumed that the defendant exercised the physical force against the victim as follows. In the process of the analysis, the possibility that the above blood scambal-type was generated due to the victim's defense or actions such as the victim's debris.

1) The type of ‘brucking the head on the upper part of the bend part of the bend part of the bend part of the 'battern brus' is observed by the blood generated from a single object to another object, and a large quantity of ‘brusing blood' is observed at the bottom part of the brus (the bloods generated by gathering blood on the target part of absorption material). The direction being scattered in the upper part of the wall of the bend part of the bend part of the bend part of the bend part of the group is different from the upper part of the radioactive part of the bat part of the bend part of the brus. The 'brusctic brus' (e.g., the crusor: the crusor of the bat part of the bend part of the bend part of the bend part.

At the bottom of the press, the ‘salvance of shocking climatics', which appears to have been seen to have been set at the lower part of the victim's face or head, are observed respectively.

According to this, at a higher location than the victim, the defendant's face part of the victim's face was at the price of the victim's face, and at least six times the victim's side was at the price of the victim's blood, and it is presumed that the victim tried to avoid the attack by the defendant at least three times on the left and right side while the blood was generated.

2) Of the frameworks of the bed frame, the part 40 to 80cm away from the wall is observed in the margin of the bed, and around that part, the blood shoot (smear: blood generated from a single object to another object and contacted by a smear) and the blood flowtain (flow-cattern: blood generated by a movement of large quantity blood due to a movement of heavy blood) x shock shocking. According to this, the bloodtain generated in the order of "the head or body part of the victim and the body part of the body part of the victim are laid down at least twice, and the victim's hair is strongly faced with the victim's hair.

3) In light of the fact that a 'brupted scams' is widely distributed in the form of 'brupted scamscams' centered on the bend floor below the bend part of the bend part, and that the 'brupted scamscamscamscamscamscamscamscamscamscamscamscams in the above water collection point at approximately 1m away from the above water collection point. Accordingly, in view of the fact that the defendant was presumed to have placed the head of the victim, and that the bloodscamscamscamscamscamscamscamscamscamscamscamscamsc

4) On the front surface of the air office, the 'bast-off type', the 'bast-off type', the 'bast-off type', the 'bast type', the 'bast type', the blood generated from the blood from the pulmonary device, is observed, and the 'bast type', which is widely distributed in the form of radioactive with the pressure of blood generated from the pulmonary device, such as coin, is observed. Accordingly, according to this, the part of the victim whose head was attached with the air office time is presumed to have been cut back after the victim's head, and the victim's head was laid down, and the victim's head was laid down again again on the front floor of the air office time.

3. Determination

A. Whether the presumption of the defendant's use of force based on the blood trace analysis is reasonable

It is reasonable to see that the head of the victim's head was faced with the storm presse in light of the form, length, etc. of the victim's head. Other top parts observed by the victim are consistent with the method of exercising the force of the defendant and the part of the victim's damage. The defendant stated in the police that "the defendant was aware that he had taken the body of the victim by arms." This statement also conforms with the means of assault set out in the blood trace analysis result, namely, the means of assault that the defendant took the body of the victim at the bottom of the victim's body."

In light of the fact that the blood flows in and around the victim's head and body, the police scambling analysis officer excluded the possibility that the blood scambling form was created due to other causes, such as the victim's defensive act or the act of the victim's handout, etc., and analyzed that the above blood scambling form was created by exercising the force of the defendant under the victim's leakage. Such analysis shows that the blood scambscam by natural scientific method is not particularly unreasonable.

(b) Method and degree of the defendant's exercise of tangible power, and degree of damage to the victim;

1) From 02:03 on the day of the instant crime, the Defendant’s act of assault against the victim was 02:29 on which it is confirmed that the Defendant left her panty door with the outside of the building. The Defendant, for a short period of time, appears to have been 20 minutes of the victim’s face and head at least six times directly, and boomed the victim’s head at least two times on the bend, and at least two times on the bend, on the top of the bend, at the time of committing the crime. The Defendant appears to have used violence against the victim at the time of committing the crime in such a manner that the Defendant did not resist the victim’s body, or fright the head from the rear side of the victim’s body, and that the Defendant did not have any other means of attack with the victim’s body at the time of committing the crime, taking into account the fact that the Defendant did not have any other means of attack with the victim’s body, and that the Defendant did not have any other means of attack with the victim’s body.

2) In light of the fact that the overall state of an empty blood is observed within the victim’s internal organ, the quantity of the blood trace confirmed at the scene of the crime is considerable, as well as the quantity of the blood trace confirmed at the scene of the crime, the defendant’s living room, toilets, and the entrance and exit door, the victim’s blood trace is observed at the place of the defendant’s woman-friendly body, and the victim’s head cover cover part, such as the victim’s rupture and rupture, such as the victim’s rupture, can not be reduced easily if they are abundant, and so large volume of blood transfusion may occur. In light of the fact that the victim’s above repeated violence against the victim, at the time of the victim’s death, the victim appears to have not done any act of defense at the time of his/her assault from the defendant, and that the victim’s indoor temperature is presumed to have not been able to have suffered any violence on the front floor of the air condition of the defendant at the time of his/her death, it is difficult to presume that the victim’s temperature was seriously damaged by the victim’s.

C. The defendant's awareness and intent about the victim's possibility of death

1) As seen in the above B., the Defendant assaulted the victim’s face and headlessly without any awareness, and the victim seems to have suffered a fatal wound and suffered a significant level of sacrifies and caused the victim to suffer from a sacratic wound, thereby resulting in in in an instituous state.

However, the defendant, immediately after committing the crime, tried to open the window of the ward by cutting his hand on the wall above the wall of the ward and the ward, and tried to open the window of the ward. ② The victim's scambling into and out of the toilet. ③ The defendant opened the door and opened the door door and opened it out of the room and opened it out of the room and opened the password, ④ The defendant scam off the panty house number of the female-friendly room, which was put up in front of the joint entrance of the Madong, which is a building where the female-friendly body is located. ④ The defendant scambling out and opened the door of the room and scambling up the door from the toilet to the scambling.

In light of the fact that the defendant's body was saved twice or without any resistance from the victim, etc., the defendant, at the time of committing the crime, was aware that the defendant was aware of the victim's face, a considerable amount of blood transfusions in the head part, and the fact that the victim was deprived of awareness. Nevertheless, the defendant did not take all relief measures such as reporting 119 or cardiopulmonary resuscitation, etc. against the victim. Furthermore, the defendant did not check the victim's condition after coming out of the inside part of the crime scene, and did not check the victim's condition after coming out of the inside part of the crime scene.

2) Ultimately, the Defendant, while fully aware of the fact that the victim would have repeatedly committed a strong attack on the face of the face, has repeatedly committed a fatal and fatal attack against the victim, and even though the victim was aware that the victim was lost due to a considerable amount of her head’s blood transfusion, he/she did not take any relief measures against the victim, and thereby allowed the result of the victim’s death. Therefore, it is recognized that the Defendant had the intention of murder.

D. Whether the medical institution is negligent or not, and whether the medical institution is mentally handicapped

1) 피고인은 2019. 12. 14. 및 같은 달 15. 경찰 조사에서 "'K' 위스키 바 앞에서 택시를 잡으려고 했던 것과 피해자와 안방 안에서 누워서 뒹굴며 팔로 피해자의 상체를 누르고 피해자는 나의 목 부분을 조르면서 밀고 상체를 밀어서 몸싸움을 했던 장면이 생각나고, 그 이후에는 생각이 나는 건 없고 눈을 떠 보니 아침이었다. 피해자와 왜 싸웠는지 기억이 나지 않는다."라는 취지로 진술하였다.3)

2) The defendant asserts that the part concerning the act of violence committed by the defendant, who is an important part before and after the crime, is not memoryd with the part concerning the act of violence committed by the defendant against the victim, or the reason or motive that the defendant committed the assault against the victim, and that the defendant left the taxi and left the house of the defendant, and immediately before the crime was committed, a female-friendly and video call was made. In light of the defendant's behavior and circumstances after the crime, it is suspected that the defendant made statements by concealing or reducing the facts about the motive or reason for the crime.

Even if the defendant is unable to properly memory the situation at the time of the crime due to his taking-out, it seems to be due to symptoms such as symptoms that could not memory the situation at the time of the crime, that is, temporary memory witness at the time of the crime, due to his taking-out even though the defendant committed the crime of this case according to his own perception and judgment at the time of the crime, and the symptoms of so-called "Blak-Out, alcohol," which affected the entry and interpretation of information by lowering the activities of a temporary memory cell, but the other parts of brain are normal activity).

3) In addition to the above point, in light of various circumstances, such as the Defendant’s behavior immediately after the instant crime, it cannot be deemed that the Defendant had no or weak ability to discern things due to drinking at the time of committing the crime. Furthermore, in light of various circumstances, such as the method and degree of the assault inflicted by the Defendant, the Defendant’s behavior immediately after committing the crime, etc., it is determined that the Defendant was sufficiently aware of the result of the death of the victim, and that such recognition and acceptance are merely a mere intentional act of murder.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] homicide [Type 2] Ordinary homicide

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 10 years to 16 years of imprisonment

3. Determination of sentence;

The life of a person is the highest legal interest and highest value that our society protects. The murder crime is a crime in which human life, which is a valuable value that cannot be altered under this world, is a crime in which the consequences of the crime are unable to recover very significant and damaged. As such, such points must be sufficiently considered in sentencing murder crime. Meanwhile, the court should determine a proper punishment corresponding to the degree of the Defendant’s act and the illegality in accordance with the principle of accountability, taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act and based on the principle of accountability.

The Defendant was punished for dispute over the grounds that he could not know with the victim who was a friendly relative for a long time from the time when he was living at a university, and killed the victim by assaulting the victim with no resistance ability or with the face and head of the victim who lost his ability to resist. The method of the Defendant’s crime is aggressive and cruel to the extent that it is difficult for the Defendant to believe that the Defendant was a friendly relationship with the victim. In light of the fact that the Defendant, after committing the crime, she was boomed by the body of the Defendant without any relief measures for the victim who was using a large number of her body after her death, and she was boomed at the house of a female-friendly flussor, and even considering that the Defendant was the so-called “blue fluorh,” this is a very cold and brut attitude that

The victim, who was the most friendship of the Defendant, was killed of an undiscriminatory assault by the Defendant, and was experienced in the process, is difficult to see the suffering and fear of the victim, the sense of good faith against the Defendant, and the elbs and lives of the Defendant. The victims, including the parents of the victim, who had lost the future due to the lapse of one year after tending a disturbed family with the love and the bereaved families, who had lost the future due to a lack of self-determination that cannot be expressed at any end, appear to have suffered a big loss, pain, or loss, which is difficult to see, and that the Defendant was faced with the severe punishment.

In light of these circumstances, considering the circumstances favorable to the defendant, such as the fact that the crime of this case does not seem to have been planned by the planned motive, the fact that the defendant committed violence and caused the death of the victim is recognized, and the defendant shows an attitude to feel and reflect against the victim and his/her bereaved family members, and there is no record of punishment for the crime such as violence before the case, it is judged that it is inevitable to lead the defendant to the truth in the state of being isolated from society for a long time and to live with the victim and his/her bereaved family members in mind.

In addition to the various normal relations mentioned above, a sentence higher than the upper limit of the above sentencing guidelines shall be imposed, comprehensively taking into account the following factors: Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, etc.; factors of sentencing indicated in the records and arguments of the instant case; the scope of sentencing recommended according to the sentencing guidelines of the Supreme Court sentencing committee; lower court rulings and sentencing precedents; etc.

Judgment on the request for attachment order

1. Summary of request;

The Defendant committed murder as indicated in the facts of the crime, and in light of all the circumstances, if the same situation as the time of the instant crime is given, the Defendant is highly likely to commit the same crime without being subject to the instant crime, and thus, a request for an attachment order of an electronic tracking device is filed.

2. Determination

A. The order to attach an electronic tracking device under the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) is much more likely to be subject to restrictions on the physical freedom and the freedom of privacy, etc. compared to the case of the probation order after the execution of the sentence. As such, the risk of a crime, which is the requirement for the order to attach an electronic tracking device, should be determined more strictly than the risk of a crime, which is the requirement for the probation order.

Article 5(3) of the Electronic Monitoring Act provides that “Dangerousness to repeat a homicide” means that there is a lack of possibility of repeating a crime, and that there is a considerable probability that a person who requests an attachment order may injure the legal peace by committing a murder again in the future. The risk of recidivism of a murder crime shall be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person who requested the attachment order, the criminal conduct prior to the crime, the motive, means, circumstances after the crime, and the situation after the crime, etc., and such determination shall be based on the time of judgment, since it is a constructive judgment for the future (see Supreme Court Decision 2012Do289, 2012Do2289, 2012Do5, 2012Do51, May 10, 2012).

B. In light of the character, conduct, environment, etc. of the Defendant as well as the following circumstances acknowledged by the record, it is difficult to readily conclude that the evidence submitted by the prosecutor alone is highly probable to injure legal peace by committing murder again in the future to the extent that it is necessary to impose a probation order after the completion of the sentence, in addition to ordering the Defendant to wear an electronic tracking device.

1) The instant murder crime is not a type of crime that leads to extreme harm to an unspecified number of people, but a crime that causes damage to a specific person who was aware of in drinking conditions by the Defendant. In light of the motive and circumstance of the crime, the nature of the crime, etc., it is difficult to deem that the tendency of the Defendant to commit the murder itself is recognized.

2) Even if the Defendant did not have any history of criminal punishment prior to the instant case, and was based on the past growth process, etc. of the Defendant, which was confirmed by a reply to a request prior investigation, it is difficult to readily conclude that the Defendant has a strong violent inclination to the point of recommitting the murder crime. As a result, the crime of violence and murder, as well as the illegal act, is highly different in terms of the degree of illegality, and thus, is recognized as a strong violent inclination to the criminal.

3) The instant crime was committed in the state of exploitation, and the result of the prior examination (AUD IT) on the Defendant’s interference with alcohol usage falls under 23 points, and the Defendant’s life for a considerable period of time is deemed to have a prison life upon confirmation of this judgment. As such, the Defendant would have to live in a prison life for a considerable period of time. As such, it appears that the Defendant would be able to expect to improve his/her behavior and violent tendency in the process. In addition, even after the release of the Defendant, the Defendant issued a probation order after the completion of the sentence, which would have an effect of preventing the Defendant’s recidivism and correcting distorted impulses and distorted personality and behaviors.

4) Adult risk assessment tool (KORAS-G), mental disorder screening tool for the Defendant

(PCL-R) The evaluation results show that the risk of recidivism falls under the intermediate level, and the probation officer who has conducted a preliminary investigation on the defendant's claim also needs to pay careful attention to the attachment of an electronic tracking device in light of the risk of recidivism.

3. Conclusion

Therefore, the request for the attachment order of this case is dismissed in accordance with Article 9(4)1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is not reasonable.

Judges

Judges Lee Jae-soo

Judges Park Jong-hwan

Judges Shin Dong-han

Note tin

1) Based on facts acknowledged by the instant pleadings and records, the facts charged were partially revised to the extent that the Defendant’s defense right is not infringed.

2) The selection test tool is composed to find early adults who are likely to be in danger of drinking at issue, and the examination result is divided into a person subject to the examination who habitually produces more than 12 points, a person subject to the examination, a person subject to the examination at least 15 points, and a person subject to alcohol addict if the number is more than 25 points.

3) 피고인은 2019. 12. 17. 법최면 검사를 받으면서 "거실로 나와서 제가 패닉 상태였던 것 같아요. 손 전체가 빨갰고, 발이 피를 밟는 느낌, 싸워서 몸에 땀이 나있던 것 같아요. 그리고 피냄새가 많이 났어요. 두려웠어요. 겁을 먹었던 것 같아요."라고 진술하였고, 같은 달 18. 경찰 조사에서도 같은 취지로 진술하였다. 그러나 최면 상태 기억의 특성상 최면 상태에서 회상한 내용의 진위와 정확성은 사건 이후 여러 부가적인 이유(암시나 작화 가능성, 피최면자의 환상이나 상상 등)에 의하여 기억의 변화와 왜곡 가능성이 있을 수 있는 점에 비추어 그 진술의 진위 및 정확성을 담보할 수 없으므로, 이를 그대로 믿기는 어렵다.