(영문) 서울고등법원 2012.10.18. 선고 2012노1964 판결

The seized Cheong tape (Article 10 of the Military Prosecutors' Office of 2012 pressure and 857), Cheong tape, three Switzerland tape (Article 13 of the same proof), one knife (Article 21 of the same proof), one (Article 25 of the same proof), one KONer (Article 25 of the same proof), one kitchen knife (Article 26 of the same proof), one kitchen knife (Article 27 of the same proof), one (Article 27 of the same proof), one iron knife (Article 31 of the same proof), one (Article 32 of the plastic), one plastic knife (Article 32 of the same proof) shall be confiscated, respectively.

The heir of the victim shall return the seized MP3 P.P. P. P. P. P.P (No. 75 of 2012, No. 857, No. 11 of 2012, No. 857), one vacant landmark (No. 13 of the records of seizure as of April 12, 2012), one bals (No. 73 of the records of seizure as of April 12, 2012), one gals (No. 74 of the same evidence), one gals, one half (No. 75 of the same evidence), two gals (No. 2 of the records of seizure as of April 18, 2012), two gals of US one (No. 2 of the records of seizure as of April 18, 2012), one galsium closed (No. 3 of the same evidence), one 1,000, and one mal.

Information on the accused shall be disclosed and notified through an information and communications network for ten years (However, the summary of a sex offense shall be limited to Article 2-2(b) of the facts stated in the judgment below).

The appeal filed by the respondent against the part of the judgment below regarding the attachment order claim shall be dismissed.

Reasons

1. Summary of grounds for appeal;

Although the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") did not intend to provide the body body of the victim for an unfortunate purpose, the court below deemed that there was the motive for the above crime, and the sentence (the death penalty, confiscation, disclosure of information for 10 years and notification order) imposed on the defendant as one of the sentencing conditions is too unreasonable.

2. Determination of the accused case

We first examine the specific facts that are the conditions for sentencing in this case, including the motive of the criminal act that the defendant pointed out in the grounds for appeal, and then examine whether the sentence imposed by the court below is appropriate in light of the sentencing conditions against the defendant.

A. The facts constituting conditions for sentencing

The following facts can be acknowledged according to the main body and records duly adopted and investigated by the court below:

1) The Defendant’s age, education, family relationship, occupation, career, etc.

On November 20, 1971, the Defendant completed 6 years from the 1st South and North Korean autonomous Gu of the Republic of Korea. The Defendant did not want any longer academic studies, and the Defendant gave up entering the Republic of Korea before entering the Republic of Korea at around 2007. The Defendant’s mother died of brain ties around 2008, and the remaining families reside in China.

The defendant, who was hiding in the middle half of the 1990s, was married to North Korea and the first marriage in the middle of the 1990s, was discovered in the North Korean consular missions in 40 days and repatriated to North Korea by the said women. In the early 2000s, one of the children was born to the North Korean consular missions.

At around 207, while the Defendant was living in a fluent rice shed, the Defendant was living in the Republic of Korea on September 23, 2007, and was living in the Republic of Korea on the basis of her mother’s expenses for the treatment of brain flusium, and was receiving her flusium (H-2) through her flusium flusium W.

After entering the Republic of Korea, the Defendant resided in the residential zone, Suwonwon, Busan, Daejeon, Jeju-do, and Haan-do, and worked as a full-time worker at the construction site of apartment buildings, golf courses, etc. In February 201, the Defendant leased and resided in the house F in Suwon-si, Suwon-si, which is the place of the instant crime, and worked at the new site of the Suwon-si, Suwon-si, Suwon-si, from March 29, 201 to the date of the instant crime.

2) Growth processes, character and conduct, criminal records, women’s relations, etc.

A) Growth Process

The Defendant did not enter a school, other than a sub-school, and was friendly to a higher level. The Defendant was able to find the fluore that he was at the time of the school, even though the fluor and fluor had a lot of harassment from the fluor’s fluor, and there was a growing number of rassium compared to the average fluor while growing. In the mong autonomous Gu, the Defendant was unable to fluore pigs, etc. raised in the house when fluor was fluor, and there was experience in fluoring the Defendant’s fluor’s slaughter of pigs, etc. from the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluoring.

B) Character and conduct

W, J, etc., the Defendant’s external living together with the Defendant, stated that he was sincere and well-known by the Defendant, and as seen earlier, S, who was in a fluent relationship with the Defendant, was of the nature of the fine. most of the club dues that the Defendant was in a construction site, good faith, and the number of horses is less and less than that of the club dues. The Defendant, as in the construction site, did not seem to have a burden on the drinking value that the Defendant would have to pay once when drinking alcohol, as in the case of drinking alcohol at the construction site, was not fluent with the club dues as much as possible, and there was no other counter-party to talking that he did not fluently or she had a mind by failing to give sound guidance with others.

On the other hand, the "profiling Report", which belongs to the Gyeonggi Provincial Police Agency for Scientific Investigation Team, states that "the defendant has a high sense of view, weak control over himself/herself, has a dynamic tendency, has a high tendency to restrain appraisal, so it is impossible to resolve stress properly, is isolated from his/her family or human relations because there is no human-related technology, and in particular, there is a lack of sociality or ability to cope with women, and there is a lack of sociality or ability to cope with them." (Evidence Record 955 pages).

C) Criminal Power

The defendant has no record of punishment in Korea, and in China, there are other occasions of marriage with North Korean defectors prior to marriage with North Korean defectors, and there are other occasions of custody or of fine due to gambling, theft of altoba, etc., but there are no other criminal records.

(d) women’s relations and women’s watch;

On September 30, 2007, the Defendant first experienced sexual traffic according to the workplace rent at a macroscopic system, and thereafter found a sexual traffic business establishment once a week average at KRW, Busan, Daejeon, Jeju-do, and Hanam-gun, etc., and three or four times a month. In addition, the Defendant used the so-called sexual traffic business business trip service, which is called sexual traffic women’s home, in several times. On March 30, 2012, the crime of this case, the Defendant reported the advertisement place of sexual traffic and sent it to H school, and the Defendant was sexual intercourse with the Defendant’s home. Meanwhile, from April 201 to January 201, the Defendant concluded a relationship with the Defendant as a Chinese woman, and had sexual intercourse at the Defendant’s home.

On September 2011, the Defendant purchased smartphones and searched a large number of obscene materials using smartphones from November 201, and the number of images of obscene materials deleted after the Defendant searched reaches approximately 600 to 700.

3) Relationship with the victim

At the time of the instant crime, the victim was a female under 27 years of age at the time of the instant crime, who was living together with his parents in the Gunsan City, moved to Suwon-si for job-seeking, and had the victim's workplace located in Suwon-si BB Q in Suwon-si, Suwon-si. The Defendant first appeared the victim at the time of the instant crime, and did not know at all before the crime.

4) The circumstances, means and methods of committing the crime, and the consequences thereof.

A) On the day of the commission of the crime

On April 1, 2012, 05:15, from around 05:40 to around 05:50, the Defendant waited for buses to work at a construction site located in Suwon-si BR in Suwon-si, and viewed obscene materials by accessing the Internet site with smartphones, and left the site at around 19:30, and arrived at the site at around 20:15, while leaving the site at around 19:30, after completing the work. The Defendant viewed obscene materials by accessing the Internet site from around 19:58 to 20:47.

B) The Defendant, who was detained, robbery, and rape, arrived at the house and her life, she saw about 300 ml, and she was frightened from the 22:32 ml to the Defendant from the side of the mashed school when she went to the Defendant, and she was forced to attract the victim to sexual intercourse with her house, and she was waiting for the victim while she was waiting for the victim after the her electric telegram, she got the victim to the front of the her arm’s length, she she saw the victim's her life with his/her left arms, and she moved to the victim's her back with his/her hand.

피고인은 피해자를 안방 침대에 내던져 놓고 강제로 피해자의 옷을 모두 벗긴 후 피해자의 저항에도 불구하고 입으로 피해자의 가슴, 입술 부위를 핥다가 22:50 경 잠시 용변을 보기 위하여 집에 있던 청테이프로 피해자의 양손을 묶은 후 화장실에 갔다. 피해자는 그 사이 양손의 결박을 풀고 안방 방문을 닫아 잠근 후 자신의 휴대전화로 경기지방경찰청 생활안전과 112 통합센터(이하 '112 신고센터'라 한다)에 전화를 걸어 구조요청을 하였는데, 피고인은 안방 문이 닫히는 것을 알아채고는 급히 화장실 밖으로 나와 일부 열려진 창문 사이로 그 옆에 있던 피해자의 머리카락을 휘어잡고 피해자로 하여금 안방 문을 열도록 하여 다시 안방으로 들어갔다. 피고인은 안방으로 들어 가자마자 피해자의 머리채를 잡아 침대로 끌고 간 다음 주먹으로 피해자의 옆구리를 2~3회 때리고, 입과 손목, 발목 등에 청테이프를 붙여 움직일 수 없도록 한 다음 피해자를 침대에 눕혔다.

The Defendant placed the victim on the bed, opened the victim's bed, opened the victim's bed, and brought about the victim's bed KRW 21,00 and US$ 1,000, US$ 2, Indonesia 1,000, and MP300, which were located on the part of the victim's bed.

Since then, even though the defendant tried several times to remove the hearing tape attached to the victim's entrance and growth, and rape the victim, the intent was not achieved with the wind to resist the victim's resistance. After combining the victim's growth, the defendant locked the victim's growth into his left arms.

피고인은 2012. 4. 2. 시간불상경 잠에서 깨어 피해자의 발목에 붙였던 청테이프를 떼어낸 후 입으로 피해자의 가슴, 입술 부위를 핥고, 자신의 검지를 피해자의 음부에 수차례 집어 넣었으며, 양손으로 피해자의 다리를 벌려 자신의 성기를 피해자의 음부에 집어넣으려고 시도하였으나, 피해자가 몸부림을 치며 다리를 오므리고 발로 피고인의 몸을 걷어차는 등 거세게 반항하는 바람에 그 뜻을 이루지 못하자 화가 치밀었다.

Accordingly, the Defendant was able to kill the victim, and the hole sprinkers (m length 31.5m) were carried out of the living room, and sprinking down two parts of the left head of the victim, so far as possible. From the head of the victim, the Defendant was placed on the floor after the victim was sprinked, and the Defendant was placed on the toilet.

The Defendant sent tobacco to a toilet in order to confirm whether or not the victim died after smoking out and smoking out. The Defendant: (a) saw that the victim was satisfing his hand and satisfing his body in a laund; (b) laundfing the victim’s face; and (c) satisfing the victim’s satfing with his hand; and (d) satfing the victim’s sat; (b) satfing the victim’s satfing the victim’s satfing with light pressure; and (c) satfing the victim’s satfing. The Defendant confirmed that there was no movement of the victim; however, the Defendant confirmed that the victim was living yet, satfing the victim’s right head 2-3 times.

C)Destruction of a corpse;

After confirming the death of a victim, the Defendant confirmed the death of the victim, and confirmed that the kitchen knife (20cm in a blade, 33cm in a total length) in the kitchen with the kitchen knife (20cm in a knife, 33cm in a total length) and that the body of the victim was flifated with the kitchen knife at around 07:56 on April 2, 2012, when the death of the victim was destroyed and damaged by the kitchen knife with the kitchen knife. Between 09:05 and 09:07, the Defendant also connected the victim’s cell phone with the Internet site and viewed obscene water.

D) Larceny

During the damage of the body, the Defendant laid away the arms and sludge, and then laid down the necks covered on the victim’s face, cut them off from ear, and stolen them.

5) The circumstances after the crime, and the attitude of the defendant

On April 2, 2012, the Defendant: (a) around 11:00, the police officer, who received information from neighboring residents, arrived at the Defendant’s house, but did not open a door for 50 minutes; (b) the police officer opened a window to confirm that the fire was flick in the house; (c) notified the police officer that the fire was forced to enter the house without opening a door, and was arrested on the spot without any special resistance.

At the time of the first police investigation on the day of the arrest, the Defendant: (a) had the victim faced with the victim’s shoulder immediately before the Defendant’s house, and the Defendant had the victim salved and salved even though she had the victim salved before the Defendant’s house; (b) led the victim to the house; (c) had the victim salved; and (d) had the victim salved at the house, and had the victim salved to be placed on the bed; and (d) had the victim salved to “I would pay money to the victim, I would like to do so, I would like to do so, I would like to ask the victim for 2 million won.” Even though the Defendant threatened the victim “I would have to report to the police because I would have no salvous capacity to die,” the victim would have died at the stage of the police investigation, such as making a false statement during the police investigation.

At the time of the 5th police investigation on April 2012, 2012, the Defendant denied that the Defendant was not in a situation at the time when he was asked the video images of the CCTV for crime prevention, which was sent to the Defendant who was tightly pushed up the victim, entering the house, and was not in a situation at the time of hearing the voice of the victim recorded at the 112 reporting center. On the same day, at the 6th police investigation at around 21:09, the Defendant stated that it was true that he was able to cover the victim who was hidden later than the telegram and attract the victim to the house. However, in this case, the Defendant stated that “the victim was not a pipe,” and “the victim was aware that he was covered with the victim,” and “The motive for the crime was denied or avoided the specific process of the crime and the statement about the specific process of the crime.”

When the defendant was investigated by the prosecution, the charge was presented to the prosecution.

6) The motive for committing the crime

A) The judgment of the court below

The lower court determined that not only “the intent or purpose of rapeing the victim at the time of the instant crime,” but also “the intention or purpose of providing the body body body for an unfortunate purpose” (However, it is difficult to clearly understand whether the lower court’s reasoning clearly refers to any act that specifically provides the body body for an unfortunate purpose; furthermore, whether such act is related to a separate crime that has not been prosecuted or not) and based on the following circumstances.

(1) The Defendant cannot be deemed to have committed rape from the beginning on the ground that the Defendant: (a) transported or detained the victim at his own house and did not pose any danger to the exposure of his identity; and (b) did not deem that only the Defendant had

(2) Even though the Defendant was detained by the Defendant’s house, a female with a minor body disorder and sexual intercourse, the Defendant’s murdering of the victim with attempted rape more than twice but suspended early, is doubtful that there was any other purpose than rape.

(3) In a case where the Defendant murdered the victim on a contingent basis, it would be normal to place the victim in a state of normal or extreme interest, and the Defendant maintained a very fluent and fluent attitude, such as smoking tobacco on several occasions in the process of causing the death of the victim or searching obscene materials using smartphones.

(4) In light of the method of destroying and damaging the body, it is difficult to deem that only the victim’s body had the sole purpose to abandon the body in that it cut off the body in a static manner that the victim’s body was removed from the body with a certain size.

(5) Since the Defendant was capable of working tools used at his house such as cutting and saws, etc., it is not easy for the Defendant to easily and promptly cut the body by using the kitchen knife that was used solely for about 6 hours. The reason why the Defendant used the method of removing the knife from the body of the victim’s body is not easily accepted.

(6) When the Defendant lost the mind of the victim in a hole spash, and then concealed the victim’s head by a hole spash. If the Defendant’s above statement is false, the Defendant would prevent the Defendant from filing a question, such as “whether the Defendant’s body was damaged by the Defendant’s body while the victim is alive,” and if it was true that the victim confirmed the victim by a hole spasher after the victim’s death, it would be because the Defendant had any other purpose than rape, in addition to rape.

(7) The Defendant frequently reversed the statement on the time of murdering the victim, which seems to be to have been argued that, as much as possible, the time of murdered was specified as at the time when the victim was arrested, detained, and there was no other purpose than rape for the purpose of murdering the victim indirectly and indirectly.

(8) The Defendant deleted the monetary records from his/her smartphones from December 31, 201 to February 28, 2012, and the reasons therefor are not delayed.

B) Determination of the immediate deliberation

The motive of a crime is an important factor that determines the degree of illegality of an act and the degree of responsibility of an actor, and constitutes a condition for sentencing as prescribed in Article 51 of the Criminal Act, and the recognition of facts as to the sentencing conditions also ought to comply with the principle of proof applicable to criminal procedures. Therefore, in order to consider a specific motive causing the crime on the condition of an unfavorable sentencing against the defendant, such motive for the crime must be proven to the extent that there is no reasonable doubt, and such proof may not be taken into account on the ground that there is no probability or possibility of such proof.

In this case, it is recognized as above that the defendant attempted rape after confinement of the victim in order to solve one's sexual desire and killed the victim and destroyed the victim's body in order to destroy the evidence of the crime. However, as examined below, it cannot be deemed that the circumstance of the court below's reasoning alone is sufficient to prove that the defendant caused the crime of this case for the above intention or purpose to be proved to the extent that it can be ruled out reasonable doubt.

(i)The circumstances pertaining to the destruction of the corpse;

(a)the means and methods of causing the death, and the form of damage;

The defendant damaged the body of the victim by putting the victim on the house of the defendant, using a kitchen knife which was used at the defendant's house, and its required time is estimated to be approximately five to six hours (the court below's legal statement and steam records No. 2282 pages). Meanwhile, at the time of committing the crime, the defendant's house used at the construction site at the site, there were 1 five-one square meters, five-one stop, five-one stop, one stop, one pent, three batteries, one knife, one knife, one knife, one knife, one knife, one knife, one knife, one knife, one knife, one knife, one knife of the other knife of the victim's body, and most part of the kitchen knife, one knife of the body of the victim was not used by the defendant.

As above, even though the defendant had another work tool that can be used in cutting the body at the scene of crime, it is difficult to understand the reason why the reason behind the damage is considerably longer needed. In this regard, the defendant will not simply abandon the body, but rather destroy the body with other purposes.

However, if the defendant was not simply intended to destroy evidence after committing a crime, but also intended to provide the body for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of speedy and efficient. In addition, if the body is separated from human body, it would be natural to cut off the body so as to make it convenient to utilize it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of removing it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of using it for the purpose of making it difficult. However, even though the defendant used only the kitchen knife which was used in the body without preparing for the damage of the body (the knife has been used on several occasions). Also, in view of the victim's body, the defendant committed the crime of this case by separating it for the purpose of using it for the purpose of the victim's body separately.

Rather, with regard to the method of destroying and damaging a corpse, the Defendant stated to the effect that “I would know about the reason why I would know about it, even though I attempted to abandon the body of the victim in the way of cutting the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim of the body of the body of the body of the body of the body of the victim of the body of the body of the body of the body of the victim of the body of the body of the body of the body of the victim of the body of the body of the body of the body of the body of the body of the body.

(b)the method for the custody of damaged carcasses;

The defendant put 10 out of 13 of them into the travel bags of the defendant, and put 10 of them into the travel bags of the defendant, and again put the travel bags in the laundry.

As such, in light of the fact that the defendant puts the body separated from the plastic paper in which he had a flat collection, etc., and that the victim's scam on the same body part was stored in the plastic paper without any special standard or classification (Evidence No. 644 pages) which was contained in each plastic paper, etc. (Evidence No. 644 pages) and that there is no trace that the defendant has taken measures, such as processing the body separated from the body or performing special treatment for maintaining and preserving the body, etc., the process of keeping separate scams after the victim's body was treated as somewhat interesting and a change of term of office, and it is difficult to evaluate that the victim's scamscams were carried out with the intent to separate the body from the body of the victim and provide it for the non-purpose purpose.

(2) Details of the crime and the attitude of the defendant before and after the crime

With respect to the Defendant’s act of deleting monetary records from his smartphones to February 28, 2012 from December 31, 2011, to February 2012, 201, health agencies, the Defendant: (a) many printed messages related to obscene materials or money loans; and (b) even if the Defendant’s explanation is true, the Defendant deleted the printed contents or text messages from his own smartphones for a certain period; (c) on the premise that the Defendant took contact with a third party related to the provision or transaction of personal land for the same period, it is difficult to conclude that the Defendant deleteds the monetary records to conceal such contact.

In addition, with regard to the act of prices the body of the victim after the death of the defendant, it is difficult to conclude that the above act of the defendant is likely to provide the body of the victim with the intent to confirm the death of the victim or to provide the body of the victim with the body of the victim's body in an abnormal psychological condition, in that it appears that the victim was seriously dead when the body of the victim was laid down two or three times in a toilet, and that the victim was dead due to the increase in the body of the victim, etc., but the cruel or the body of the victim was likely to live. However, even in the case of murder irrelevant to the intent to provide the body of the victim for the purpose of the crime, it is difficult to conclude that the crime of murder was committed by the defendant, such as securing the body of the victim, the body of the victim, and providing it for the purpose of the crime of homicide, such as murdering the body of the victim. In addition, it is also difficult to conclude that the defendant's attitude to kill the body of the victim in the process of murdering the body of the defendant.

(3) Whether there is a circumstance that the defendant involved in the use or transaction of personal land

Furthermore, there is no evidence to prove indirect facts that the defendant, who uses the human body or trades the human body, has confirmed that the crime of this case was committed in the motive related to the crime of this case.

① In this case, the prosecutor alleged that there was another crime related to human body and that there was a doubt that there was another crime related to human body and that the defendant dealt with usual human body. However, the prosecutor alleged that there was no doubt that the defendant dealt with usual human body because of the doubt that the defendant dealt with usual human body, and analyzed components such as 11 points of the bones collected from the outside of the dwelling place of the defendant, and 7 points of the bones removed from the front of the dwelling place of the defendant, but all were identified as the bones of animals (six of the above bones, 9 of the bones, 3 of the bones, 5 of the bones, 5 of the bones, and 3 of the bones were detected), and there was no evidence to support the fact that the defendant engaged in sexual intercourse from 00 to 20 of the defendant's personal body with no other purpose. Rather, the defense counsel asserted that the defendant engaged in the above act against the victim's name or woman's body from 10 to 30 of the defendant's personal body.

According to the records, if the defendant left the Republic of Korea on seven occasions to visit his family or to renew his visa from September 23, 2007 to the date of the crime of this case after entry, the period during which the defendant stays in China is about three years and nine months, and the defendant collected an amount of KRW 5 million during the above domestic period of stay and remitted money to his family members to China. However, it is difficult to readily conclude that the defendant transferred money to his family members in addition to the above domestic period of sojourn in addition to the above domestic amount of money transaction, it is difficult to view that the defendant's special relation of money transfer to his family members in addition to the above domestic amount of money transaction in addition to the above domestic amount of money transaction in consideration of the circumstance that the defendant had continuously been employed at the construction site after his entry.

(4) Defendant’s statement and its credibility

The Defendant, from the prosecutor’s investigation to the court of the court below, arrested the victim to rape, and the victim was unable to succeed to rape on the wind that the victim resisted the resistance, and subsequently killed the victim and destroyed the victim’s body to destroy the evidence, and maintained the above statement even during the trial.

The defendant's statement is relatively consistent, and the method and form of the damage and destruction of the body as seen above are extremely apparent, but it is difficult to see that it is inconsistent with the above statement of the defendant, and there is no objective circumstance contrary to the defendant's above. Furthermore, in the "Notification of the Results of Examination and Analysis" prepared by the Chief of the Supreme Prosecutors' Office at the time of the case, "in relation to the motive of the crime of this case," the part of the defendant's statement that "in relation to the motive of the crime of this case, there was no desire to kill the victim from the beginning because of the desire to do so," and in relation to the time of murder, "the murder of the victim" was not rape due to the victim who resisted and resisted, and thus, it is hard to see that the head with a spathro, and it is hard to see that it is inconsistent with the above statement of the defendant's statement, the part of the defendant's statement that the defendant's act was conducted with a 20th objective or 27th objective evidence of investigation.

7) Whether there is a prior plan or preparation

As seen earlier in the motive part of the crime, it is difficult to view that the Defendant prepared in advance for the crime of this case, especially in light of the following: (a) the Cheong tape, hole strawer, kitchen knicker, and black vinyl paper, etc. used for the crime of this case; (b) the “profilinging Report” in the aforesaid profiling Report is the same as that of a woman with whom the Defendant had sexual intercourse easily at the latest time; (c) the victim refusing to commit a crime is highly likely to have caught out of the time with the victim who had sexual intercourse; and (d) the Defendant’s refusal to commit a crime in a systematic and specific manner, unlike the general cocons which plan to commit the crime of this case and increase self-esteem through murder, it is difficult to view that the crime of this case was closely planned in advance (Evidence No. 956 pages).

8) Risk of recidivism

As a result of the application of Korea-type sex offender risk assessment tool (KSAS 3) to the defendant, it was analyzed that the total point is 7-8 points and the risk assessment scheme (KSAS-G 4) of Korea-type offender risk assessment scheme (KSAS 8 points, and the defendant's recidivism risk assessment under each of the above evaluations is 8 points and the total point is 8 points correspond to the intermediate or ordinary level (the middle or the lowest level of territory unit) (the trial record is 12-16 pages).

However, the defendant committed a crime against a victim who does not have a common sense, despite the fact that the defendant was exposed to the victim at the time of the crime, and the defendant did not have a common sense of crime, such as provokingly lockedly, or searching and treating obscene materials with smartphones while destroying the body, despite being exposed to the victim at the time of the crime, regardless of the fact that the defendant committed a crime with the victim at the time of the crime, and the defendant did not have a common sense of crime. The defendant has a distorted sexual awareness that he can easily have sexual intercourse with women by using the Internet through search of obscene materials and frequent sexual trafficking, and the defendant did not appear to have a high risk of sexual intercourse with the victim by presenting objective evidence that is difficult to deny the crime even if the crime was committed, or that the defendant tried to conceal or bear responsibility for the crime with the attitude of disregarding the defendant, and that the defendant did not have a very passive and negative attitude toward the victim's sexual crime in view of the fact that he did not have a common sense of harm to his own body after the investigation.

9) Impact on our society and the victim’s bereaved family members’ appraisal of damage

In order to resolve one’s sexual desire, the Defendant, as well as a simple motive, took a young female who does not have a common sense as a object of committing a crime, and eventually, took the life of the young female, and, thereby, became aware of the majority of the people. As a result, there is a significant risk that society has inflicted on the society by spreading a serious apprehension and fear about the safety of the society as a whole. Furthermore, the Defendant’s act of taking the victim’s mind with kitchen knife in the course of destroying the evidence of crime, and thereby significantly damaged the idea and sentiments of the community that traditionally respected the body.

The bereaved family members of the victim suffered from serious mental symptoms, such as being caught, caught, and murdered in the extreme sense of fear, and the fact that the victim's body was severely damaged by the victim's body was seriously damaged, the victim's bereaved family members are suffering from the mar and salke, and the victim got salute to the mar and salke, and the victim got salute from the mar and salute. The victim tried to be sentenced to the death penalty, which is the highest statutory penalty for the defendant, to the investigation agency and the judiciary.

10) The degree of damage recovery

The Defendant did not agree with the bereaved family members or take any particular measure for the recovery of damage until now.

B. Determination of sentencing

1) Considering that the death penalty is a very cold punishment that deprives a human life of himself/herself of it, it is extremely exceptional punishment that can be presented by the dual judicial system of a life nation, the sentence of death penalty should be allowed only when there are objective circumstances to recognize it in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, in imposing death penalty, the sentence of death penalty should be determined by thoroughly examining all the following matters: (a) the offender’s age, occupation and career, character and behavior, intelligence, educational degree, growth process, family relation, family relation, victim’s relationship, motive, preparation, degree of preparation, means and method, remaining and bad degree; (b) the victim’s importance and degree of damage; (c) the depth and attitude of the crime after the crime; (d) the degree of self-determination and attitude after the crime; and (e) the degree of damage recovery; and (e) the likelihood of recidivism, etc., the sentence of death penalty should be determined by the Supreme Court Decision 200Do36450, Jun. 36, 2001.

2) The crime of this case, where the Defendant simply took place a victim who does not have a common sense to satisfy his own sexual desire and attempted to capture, detain, and rape several times at his own house, and the victim s/he was s/sheed with his/her hair, and s/he was s/sheed with s/he was s/he was s/ shed with the victim’s s/ her hair, and the victim’s s/ she was forcibly taken away or stolen, and the victim’s body was destroyed with the intent to destroy evidence, without any circumstances to take into account the motive for the crime, and the consequence of the crime is very important. In particular, the Defendant’s cruel and s/ s/ s/he did not seem to have a strong sense of harm to the victim’s well-being and emotional harm to the victim’s body in the process of committing the crime, and the Defendant’s attempt to s/he did not have any harm to the victim’s body in the process of committing the crime of this case.

3) However, the court below held that there was no possibility that the defendant would have been able to engage in the crime of this case with a high risk of committing the crime in light of the above circumstances, including ① entering China's family members in order to punish the defendant, and thus, without forming a friendly human relationship, and also leaving the Internet obscenity or habitually engaging in commercial sex acts. ② The defendant used Cheong tape, a hole, a kitchen, and a plinary paper for the purpose of committing the crime, but it is difficult to view that the above crime was prepared in advance for the crime, and that there was no possibility that the defendant would have been able to commit the crime of this case, and thus, it was hard to view that there was no possibility that the defendant would have been able to commit the crime of this case, even if it was found that there was no possibility that the defendant would have committed the crime of this case committed the crime of this case, and that there was no possibility that the defendant would have been no other crime of death in light of the character and character of the defendant and the records of the previous crime.

4) In light of the above Defendant’s age, character and conduct, career, motive, means and consequence of the crime, etc., as well as all of the sentencing conditions shown in the argument in the instant case, including the following: (a) it is sufficiently recognized that the Defendant has to be punished by life imprisonment, which is a life-sustaining life imprisonment, by permanently isolation from society and deprivation of freedom in other similar cases; and (b) further, it is insufficient to see that the objective circumstance clearly exists to deem that the Defendant’s living in this world is considerably incompatible with the maintenance of the State or society, and thus, it is difficult to view that the Defendant’s life should be deprived of the Defendant’s life itself, and thus, the determination of the death penalty is too unreasonable. Accordingly, the Defendant’s assertion pointing this out is with merit.

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

As long as the Defendant filed an appeal against the accused case, it is deemed that the Defendant filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, the Defendant did not submit legitimate grounds for appeal regarding the case claiming an attachment order and did not find the reasons for reversal ex officio after examining the lower judgment.

4. Conclusion

Therefore, since the appeal of the defendant against the part of the judgment below regarding the defendant's case is well-grounded, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows. Since the defendant's appeal against the part regarding the claim for attachment order is without merit, it is dismissed pursuant to Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (4) of the Criminal Procedure Act

Criminal facts and summary of evidence.

The summary of facts and evidence recognized by this Court are as follows:*********************************************** as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article applicable to criminal facts;

Article 276(1) of the Criminal Act (the point of confinement), Article 33 of the Criminal Act, Article 9(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 300 and 297 of the Criminal Act, Article 161(1) of the Criminal Act (the point of causing death by rape), Article 329 of the Criminal Act (the point of larceny)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.)]

1. Selection of punishment;

Determination of imprisonment with prison labor for life and for larceny against a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 (No other punishment shall be imposed, since a person selects an imprisonment for life for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has the largest punishment) of the Criminal Act

1. Confiscation;

Article 48(1)1 and 1. Return of victims under the Criminal Act

Article 333(1) of the Criminal Procedure Act

1. Order to disclose and notify;

Articles 37 (1) 1 and 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Reasons for sentencing

The sentence shall be determined as per the disposition, comprehensively taking into account the various circumstances and conditions of sentencing as seen in the judgment on the grounds for appeal.

Registration of Personal Information

Where a conviction becomes final and conclusive on Article 2 (b) of the facts constituting a crime against the defendant, the defendant is a person subject to registration of personal information pursuant to Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent authority

Judges

The presiding judge, the senior judge;

Judges fixed-scale

Judges Kim Gon-won

Note tin

A person shall be appointed.

2) In the process of an interview with a behavioral analysis, the Defendant heard the words “the people of Korea have sold their personal body to China and throw money,” and asked to “it would be punished if the people are the human being. However, if the people are the human being, it should also be punished.” The Defendant showed a strong and implicit reaction without the behavioral reaction accompanied by the emotional sentiments in the process. It is evaluated by the above analysis officer as the reaction by a sense against the people who destroy their own body rather than the reaction shown by the perception of their own substance (around 2198 pages).

3) The Korea-type sex offender risk assessment tool (KSOAS) is a scheme for assessing the risk of recidivism of sexual offenders over 18 years old, developed by the Ministry of Justice in 2007 to assess the risk of recidivism. It consists of 15 items, including the population and statistical changes of the assessed sex offenders, types of sex crimes, past criminal records, victim factors, violence and attitude on the crime, and 13-29 points, based on the total points, 13-29 points, 7-12 points, and 0-6 points are assessed at the level of "n't".

4) The Korean Institute of Justice’s evaluation of the risk of criminals on the market (KORASG) is an evaluation tool developed by the Ministry of Justice in 2011 to assess the risk of recidivism of offenders over 18 years of age. It shall be assessed as follows: (a) the age, education level, state of marriage, age of first police inflow, experience in accommodation of juvenile establishments, past and criminal history, previous and previous criminal records, issues during the disposition period, academic-oriented behavior, alcohol or drugs use, type of crime, chain of conduct, acceptance of responsibility for crime, acceptance of responsibility for recidivism, reflect social inclination, and other personal vulnerability factors; and (b) the risk of recidivism is assessed as 12 or more points according to its total points, 12 or more points, 7-11 point, and 6 point below.

심급 사건

-수원지방법원 2012.6.15.선고 2012고합290

서울고등법원 2012.10.18.선고 2012노1964

-대법원 2013.1.16.선고 2012도13347

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