Cases
2017 Highis457, 2018 Highis2, 16,17,19 (each consolidation)
(a) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;
(b) Violation of the Narcotics Control Act;
(c) Inducement of indecent conduct;
(d) Abandoning;
(e) A criminal escape;
F. Violation of the Special Act on Insurance Fraud Prevention
(g) Fraud;
(h) Injury;
(i) Violation of the Punishment of Arrangement of Commercial Sex Acts;
(j) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
(k) Violation of the Act on the Safety Management of Firearms, Swords, Explosives;
(l) Violation of the Act on the Collection and Use of Donations;
(m) Violation of the National Basic Living Security Act
n. Violation of the Automobile Management Act
(o) Fraudulent assistance;
(p) Scrapon;
Defendant
1.(a)(c)(f)(f)(i)(j)(k)(k)(T) of Favour;
A
2.e.f.b.
3.g.C
Prosecutor
Kim-hee, Kim Dong-dong (Court of First Instance), Kim-hee, and Interest Gyeong-hee (Court of Second Instance)
Defense Counsel
Attorney D (National Election for Defendant A)
Law Firm E (Defendant B)
[Defendant-Appellee]
Imposition of Judgment
February 21, 2018
Text
Defendant A shall be punished by death.
Defendant B shall be punished by imprisonment for eight months and by imprisonment for one year.
One metre (2018Gohap17, No. 20) seized by Defendant A shall be confiscated, respectively.
2,261 won shall be additionally collected from Defendant A.
Defendant A shall be ordered to complete a sexual assault treatment program for 200 hours.
The information about Defendant A shall be disclosed and notified through an information and communications network for 10 years (Provided, That the subject crime is limited to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), and a violation of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes (Use and Screening of Camer, etc.
Reasons
Criminal History "2017 Highly 457
1. Defendant A
(a) Inducement of indecent conduct;
피고인은 6~7세 무렵인 1988.경 치아와 뼈를 연결하면서 치아뿌리를 감싸고 있는 반투명 백색의 백악질(白聖質)이 종양으로 인해 비정상적으로 커지고 얼굴 전체가 뒤틀리는, 완치 불가능의 희귀질환인 '거대백악종'이 발병하여 지속적으로 종양제거수술을 받아오는 자로서, 2002. 7.경 당시 나이 17세인 가출 청소년인 G(여, H생)을 만나 동거한 후 2008. 8.경 혼인신고를 하고 결혼생활을 해왔다.
The Defendant, around September 6, 2017, at his own house located in Jung-gu Seoul, Jung-gu, Seoul, and died of his wife G, falling from the toilet door, and found a person to resolve his sexual desire instead of his wife G, who was able to take the Defendant’s father’s wife’s friendship (14 years old) as its subject.
At the home of the above defendant in the same month, the above J told that "the person who will take the place on behalf of the horse is in need of it", and that "if the house is good, or there is a good friendly tool between the parents, among the four flusents, it would be different." The defendant called that the above J was called as the victim on the ground that the victim who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually
In addition, the defendant, around the 12th of the same month, stated that "I am for foreigners" and "I am for 20 million won or more when I am for foreigners. I am for about 30 million won or more. I am for us. I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I am for I.
In addition, on the 29th day of the same month, the Defendant sent the film from the Defendant’s home to ○○○○○○, a group with the victim good, at the home of the Defendant, and she saw the victim as a clerical error, and led J to send text messages to the victim on the 30th day of the same month following the following day. The Defendant and J sent the text messages to the victim, allowing the victim to talk with the victim on the 30th day of the same month. The Defendant and J put the ethyl 3, an exemption from water-free disease, a small amount of disease, ethyl 2 eggs, and ethyl 2, a small amount of disease, and then put them into the box affixed with the Stickick, thereby making the victim sleep, and let the victim sleep it, and let the victim do an indecent act, such as ice 2, if not diving, and let the victim locked out of the cell phone, and let the victim out of the other part of the Defendant do so.
At around 12:00 of the same month, J has taken the victim with the defendant's house at around 12:20 on the same day on the 30th day of the 30th day, “A motion picture from the members of NOO at our house to be seen as the same person.” Accordingly, the defendant had induced a minor victim in collusion with J for the purpose of committing indecent act.
(b) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Control of Narcotics, etc.;
At around 12:20 on September 30, 2017, the Defendant, despite not being a person handling narcotics, had J, despite the fact that he was not a person handling narcotics, had J dice 1 disease in the ice 12.5m crithm crithm 12.5m crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm crithm.
Since then, the Defendant, as seen above, lost the ethyl content of the ethyl content in a stroke-m to the victim's mind and temporarily diving, and moved the victim to the stroke-m with J, and then laid the victim's cell phone from the 0th side of Seoul Jung-gu, Seoul, and brought the victim's cell phone to the stroke-gu, Seoul, and brought the victim's stroke-m to the underground room where they moved to the stroke-m.
From 15:40 on the same day to 19:50 on the same day, the defendant lost awareness as above at the inside of the above defendant's home, and left only with the victim who was unable to resist, which was an adult product in possession of the defendant, the defendant operated a hybrid, which is an adult product, and has been in the above sexual part of the victim's physical clothes and takes part in the above sexual body part of the victim's physical clothes accumulated on the room. The defendant flax tape, which is an adult product, flaxe, flax tape, brus the victim's hair, which is called "one-day flab", and administered the above ethyl 3 eggs to the victim's entrance by using a melting machine so that the victim can not escape from diving.
Since then from 20:24 to 22:08 on the same day, the Defendant left the cell phone of the victim concealed by J as above Qu near the city of Gyeonggi-do, and returned to the house of the Defendant after leaving the cell phone of the victim back to the river under the bridge.
그리고 피고인은 같은 날 22:08경부터 같은 해 10. 1. 11:53경 사이에 위 피고인의 집 안방에서, 위와 같이 의식을 잃고 깊은 잠에 빠져 항거불능 상태인 피해자의 체육복 반바지와 속옷을 가위로 잘라 벗기고 발목을 묶은 핑크색 라텍스테이프를 가위로 자른 다음 옆으로 웅크린 채 누워있는 피해자의 등 쪽에서 피고인의 성기를 피해자의 음부에 가져다 대고 문질러 비볐다.
Then, the Defendant, in an inner toilet, was off the victim's clothes, such as the victim's clothes, she was off the body of the victim, she was in a cleaning agent, she was inflicted a white bath for the victim who was found G, and she was placed on the bed, and the Defendant was also off the body of the victim, and she was also off the body of the victim's chest, her, her, and her hair, her bry, and so on.
The Defendant committed an indecent act against the victim as above: (a) committed an indecent act against the victim; (b) committed an indecent act against the victim; (c) committed an indecent act against the victim; (d) on 12:30 on the same day, the victim was deprived of his consciousness and continued to be locked back again; (d) her fingers by her booming the victim’s tur, sexual flag, chest, etc.; and (e) her tur, her turf, her chest, etc., cut back to the victim’s body and her face toward the victim’s face; and (e) her flading the victim’s chest by her hand, her chestd with the victim’s chest, and her face on the chest.
그러던 중 피해자가 잠에서 깨어나 상체를 들어 올리며 손으로 피고인의 몸을 치면서 "누구야"라고 고함을 치는 등으로 반항하자 피해자를 살해하기로 마음먹고, 침대 옆에 놓여있던 물에 젖은 수건을 집어 들어 피해자의 얼굴에 덮고 피고인의 양손바닥을 포갠 다음 입과 코를 있는 힘을 다해 누르며 입을 피해자의 귀에 대고 "미안해, 내가 지옥에 갈게. 갈 때는 힘들게 안 하네."라고 말하였다.
Since then, until the victim's movement ceases to exist, the defendant continued to remove several faces covered by her face as above, and then, the defendant laid down her quih with the victim's quih and her head under the direction of the back water, so that her neck can be divided into head weight, and the her neck was cut off, and then the defendant she brought about the KON and died of her stroke by the pressure pressure.
As a result, although the defendant is not a person handling narcotics, he administered psychotropic drugs to a minor victim, and kills a child or juvenile victim by force.
(c) Abandonment of a corpse;
At around 16:00 on October 1, 2017, the Defendant conspireds with the J to throw away the dead victim L's carcass as above, dumped with J, fung removal agents into the body of the victim, dumping the body of the victim, dumping the body of the victim, dumping the victim into a contact tape with a cover, and dumping the victim's body, fump, fump, and fumped the victim's body into a contact tape, and fumped the victim's body into a large travel room.
Since then, at around 17:18 on the same day, the Defendant moved to the front of the building where the above Defendant was located, a travel room wherein the body of the victim was placed in the between the KRW SUV vehicles, which was prepared with the J, was driven by the Gangwon-gun, and then was driven by the Gangwon-gu, Gangwon-do. Then, at around 21:30 on the same day, the Defendant went to the front of the building where the above Defendant was located. At around 21:30 on the day, the Defendant was cut to the front of the building where the victim was laid off at the above travel room, and she was laid off with the J, and she was removed from the contact tape at a height of 100 meters.
Accordingly, the defendant, in collusion with J, abandons the dead body of the victim.
2. Defendant B
At around 15:31 on October 2, 2017, the Defendant: (a) obtained a telephone contact from the above-mentioned A, who died of his or her father’s friendship; (b) lost his or her body; and (c) recorded a telephone conversation with the contents corresponding to his or her vindication in accordance with the above A’s request; (d) around 22:00 on the same day, the Defendant saw A and her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son
On the 3th day of the same month, the Defendant: (a) received a request from A to the police to transfer V-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
As a result, the defendant, who committed a crime corresponding to a fine or heavier punishment, has allowed A and J to escape.
2018 Gohap2
1. Defendant A’s fraud
(a) Crimes committed on October 3, 201;
Although the fact that the Defendant was the actual driver of a AC U.S. car whose ownership was registered under the name of AB was not a traffic accident, while driving the said CF QM5 car, the Defendant and his/her wife were in contact with AD SM5 car registered under the joint ownership of G as well as AE under the name of the Defendant and the AF QM5 car registered under the name of AE (2) reported a false insurance accident to the AF QM5 car Co., Ltd. for the victim Hyundai Marine Fire Insurance Co., Ltd. to receive the insurance money, such as repair expenses.
around 19:59 on October 3, 201, the Defendant reported a false insurance accident to the effect that “AD SM5 car and AF QM5 car are parked in the front public parking lot of the Youth Culture Center located in Seocheon-gu, Nam-gu, sublime, and the accident occurred,” which caused an employee belonging to the victim to receive the insurance accident, and caused the said employee to pay KRW 1,017,60 to AG, a repair business operator of the said SM5 car, KRW 10,00 on the same day as the insurance money, KRW 80 on the same day, KRW 10,00 on the same day, KRW 50 on the same day, KRW 1,00 on the same day, KRW 20 on the same day, KRW 50 on the same day, KRW 10,00 on the same day, KRW 28,00 on the same day, KRW 10 on the repair business operator, KRW 10,000 on the same day.
Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 5,356,100.
(b) The crime committed on August 2, 2016;
In fact, although the defendant did not cause any traffic accident, the defendant had been able to receive insurance money such as repair fees, as the defendant had a sufficient traffic accident that the defendant had registered as the owner while driving a car in the AJ Co., Ltd. even though the defendant had been driving a car in the AJ.
around 10:51 on August 2, 2016, the Defendant called the victim's call center in the French area below Seoul, and conducted as if the Defendant was an AI, and reported a false insurance accident to the AK AK driver's car, which was followed by the following: "AK driver's vehicle was pushed down on the chill road while getting off and getting off the crum," and caused an employee belonging to the victim to receive the insurance accident, and received KRW 7,226,00 as insurance money from the victim on September 29 of the same year. Accordingly, the Defendant was issued KRW 7,226,00 by deceiving the victim to receive the insurance accident.
2. The joint criminal act committed by Defendant A and Defendant C
Although the Defendants did not cause a traffic accident, the Defendants reported a false insurance accident to the victim Hyundai Marine Fire Insurance Co., Ltd., which was registered as a co-owner, and conspired to receive insurance money, such as repair cost, as the Defendant C and its wife met with the Defendant A and his co-owner, while driving the ACschton car.
The defendant C received the order from the defendant A, and on March 31, 201, around 03:19, the victim's call center in Jung-gu Seoul Metropolitan Government, reported an insurance accident that "AD SP 5 car was parked before the Seoul Jung-gu, and the victim's non-employee was parked." On April 4, 201 of the same year, the defendant conspired the victim with the defendant to pay 170,000 won to SP 816,000 won in total under the name of the victim's property interest from 60 days to 60,000 won, including the defendant's acquisition of the insurance accident.
3. Defendant A and Defendant B’s joint criminal conduct
The Defendants reported a false insurance accident to the victim Hyundai Marine Fire Insurance Co., Ltd., which was registered as the ownership of the Defendant B while Defendant A driving a F QM5 car even though there was no traffic accident. However, the Defendants conspired to receive insurance money such as repair cost, etc.
On November 10, 201, Defendant A reported the false insurance accident that “AF QM5 car was parked at the home franc parking lot located in the Seoul Jung-gu, Jung-gu, Seoul, reported the insurance accident that “AF QM5 car was driven by the driver at the home franc parking lot.” This caused the employee of the victim to receive the insurance accident and paid KRW 1,100,000 for the repair cost to Defendant B on the 11st day of the same month.
As a result, the Defendants conspired to attract the victim to receive KRW 1,100,000 by deceiving the victim.
4. Joint-violation of the Special Act on Insurance Fraud Prevention by Defendants A and B;
The Defendants: (a) had no traffic accident occurred; (b) had Defendant B driven a car AO spectrum, and there was a sufficient traffic accident in which Defendant A or AE registered as the ownership, and had subscribed to receive insurance money, such as repair cost, by reporting a false insurance accident with the victim's lot damage insurance company, as it had caused a serious traffic accident.
Accordingly, at around 15:13 on March 12, 2017, Defendant B filed a false insurance accident report with the victim’s call center that “AP AP AP AD car was parked in a traditional market parking lot located in the Gangseo-gun Eup, Gangwon-gun, and caused an employee not belonging to the victim to receive the insurance accident, and paid KRW 8,230,000 to AE on the 27th day of the same month under the pretext of the insurance deposit. Accordingly, the Defendants conspired to obtain insurance money amounting to KRW 8,230,000 by deceiving the insurer on the occurrence, cause, or content of the insurance accident.
2018Gohap16
1. Injury;
On September 5, 2017, at around 00:40, the defendant's house located in Jung-gu Seoul, Jung-gu, 1,501, in relation to the defendant's complaint against rape against the victim G (at the age of 31) who is the defendant's wife, the defendant left the knee of the victim who has knee and kneed with metal killings (e.g., e., g., e., e., g., e., e., e., e., e., e., e., e., e., e., e., knee.).
As a result, the defendant suffered from the victim's suffering from treatment days.
2. Violation of the Punishment of Arrangement of Commercial Sex Acts;
From June 12, 2017 to September 4, 201 of the same year, the Defendant leased the above loan of KRW 403,1.6 million, monthly rent of KRW 1.6 million, and then installed t lease, bed, etc., and advertised "AR" on "AR", which is an Internet site, as "1.50,00 won, BS 200,000 won, and 30,000 won of VIP 30,000 won," and then, the Defendant reported the advertisement, such as AS (31 years of age) to the above G (hereinafter referred to as "AR"), and had the above G (31 years of age) receive the amount of KRW 150,00 to KRW 300,00 from the male who was found in AS et al., with the amount of KRW 150,00,000.
Accordingly, the defendant engaged in commercial sex acts such as arranging commercial sex acts 14 times as shown in the attached list of crimes.
3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);
A. Crimes on September 5, 2017
피고인은 2017. 9. 5. 03:17경 강원 영월군 AT에 있는 계부인 위 AI의 집 거실에서, 위 G으로 하여금 잠을 자고 있는 피해자를 깨워 성교행위를 하게 하면서 카메라 기능을 켠 채로 휴대폰을 거실 내에 놓아두도록 하여 성교행위를 몰래 촬영하게 하였다. 이로써 피고인은 카메라를 이용하여 성적 욕망 또는 수치심을 유발할 수 있는 피해자 AI의 신체를 그 의사에 반하여 촬영하였다.
(b) Crimes from July 13, 2017 to August 7, 2017;
Around June 2017, the Defendant, like the above paragraph (2), set up a "one-name camcamcamcamcamcamcamcambling, which was automatically operated and taken by putting a move into operation, to operate a business of arranging sexual traffic, etc., as set out in the Gangnam-gu Seoul, Seoul. On July 13, 2017, at around 21:36, the Defendant, at around 21:36, taken the victim AS and the mouth 403 of the victim AS, whose body was known, who had the said G reported the advertisement and found it as described in the foregoing paragraph (2), and taken the victim AS form, whose body was known, with the camera installed as above. The Defendant, including this, taken the victim from July 13, 2017 to August 7, 2017, using the victim's sexual humiliation or sexual humiliation in the same way as in the attached list, against the victim's will to cause a sense of sexual humiliation.
“2018Gohap17
1. Defendant A
(a) Fraud of the support fund;
피고인은 1988.경 치아와 뼈를 연결하면서 치아뿌리를 감싸고 있는 반투명 · 백색의 백악질(白里質)이 종양으로 인해 비정상적으로 커지고 얼굴 전체가 뒤틀리는, 완치 불가능의 희귀질환인 '거대백악종'이 발병하여 지속적으로 종양제거수술을 받아오던 중, 2002. 7.경 당시 나이 17세인 G을 만나 동거를 시작하여 2003.경 G과 사이에 딸 J을 출생하였으나, 피고인의 딸 J도 2005.경 '거대백악종' 진단을 받고 치료를 받게 되자, 피고인은 서울 중구 명동성당 등지에서 '저 때문에 제 딸이 아픕니다.'라는 피켓을 들고 행인들을 상대로 금품을 모집하여 왔다.
Since then, around March 2005, the Defendant contributed to the AUV program, a terrestrial broadcasting company, and introduced its difficult circumstances, thereby opening and operating a 'AX' agency under the sponsor of the broadcasting station and SW, the headquarters of AW, but not operating a 'AX' due to 'AX'. Since around November 2005, the Defendant contributed to the 'BA' of the AY' program to the 'BA' and introduced the economic situation difficult to bear the costs of the J's disease and medical treatment, and received support money of KRW 4,367,00 in total from many viewers. The Defendant received such support money as above, and provided the money to the Defendant for his own debt repayment, etc., and provided the money systematically requested medical expenses and the support money in the name of his father's medical expenses and operation in the form of a media company, etc., with the intent of using it for his own living expenses, food, etc.
이에 따라 피고인은 2006. 11.경 서울 중랑구 BB 103호에서 후원금 모집 사무실을 개설하고, 2006. 11.초경 네이버 블로그에 'BC'라는 블로그 및 BD이라는 인터넷 사이트를 개설하여 "딸의 질병은 전 세계에 나와 딸 2명뿐인 희귀질병으로 치료를 하지 못하면 죽는다, 수술비가 회당 2,000~3,000만 원씩 필요하고, 20년간 치료를 해야 한다. 임플란트 비용만 1억 5,000만 원이다, 차후 수술비로 7억 원에서 10억 원까지 들어갈 수 있는데, 돈이 없어 수술이 미루어졌다. 딸을 살려달라."라는 글과 함께 얼굴에 종양이 있는 J의 사진을 게시하면서 후원금을 요청하고, 2006. 12. 4.경 AY 언론 'BE'에 출연하여 "딸 수술비 마련을 위해 전단지를 돌린다."라고 말하면서 후원금을 요청하고, 2006. 12. 19. AU언론 'BF'에 출연하여 "하루하루 전단지를 돌리며 연명해가고 있다. J의 수술비 마련을 위하여 국토대장정까지 생각하고 있다."라고 말하면서 후원금을 요청하고, 2006. 12. 25.경부터 2006. 12, 31.경까지 후원금 모집을 위한 국토 대장정 이벤트를 개최하여 서울에서 강원도 강릉 정동진까지 자전거로 이동하는 장면을 AY언론 'AZ'이라는 프로그램을 통하여 방송하여 후원금을 요청하고(실제 피고인은 서울에서 경기 양평군까지 자전거로 이동하였고, 나머지 구간은 차량으로 이동하였음), 2007. 1. 14. BG언론 BH에 출연하여 "의료보험 1종인데, 혜택이 거의 없다, 내가 죽는 한이 있어도 딸아이를 살리는 것이 나의 사명이다."라고 말하면서 후원금을 요청하고, 2009. 3. 1. AU뉴스 'BI'에 출연하여 "저도 희귀병으로 10차례나 수술을 받았다. 부족한 딸 치료비마련을 위해 미국행 비행기를 탔다. 딸을 위해 전단지를 돌리는 것이다."라고 말하면서 후원금을 요청하고, 2017. 2. 22. AU언론 'BJ'에 출연하여 "성장이 멈출 때까지 몇 번은 더 수술을 해야만 하는데요, 성인이 되면 양악 수술에 임플란트까지 해야 해서 수술비용이 어림잡아 1억 원이 든다, 엄마, 아빠는 사랑으로 한 고비 한 고비를 잘 넘어가길 바란다."라고 말하면서 후원금을 요청하였다. 또한 피고인은 2009. 11. 24. BK 언론 광고를 통해 "우리 아이를 살려주세요, 매일매일 기도합니다. 이제 6살인 J는 앞으로 20년이 넘도록 한차례 2,000만 원이 넘는 종양제거 수술을 수시로 받아야 합니다. 올해에도 수술을 받아야만 하지만 수술비가 없어 아직 수술을 받지 못한 J네 가족에게는 올해 겨울이 더욱 더 춥기만 합니다, J에게는 많은 분들의 따뜻한 사랑이 필요. 합니다."라는 광고를 게시한 것을 비롯하여 2009. 11. 24.경부터 2012. 7. 30.경까지 29회에 걸쳐 6개 신문사 광고를 통하여 같은 내용으로 J의 수술비 및 치료비의 후원금을 요청하였다. 그러나 사실 피고인은 2005. 12.경 사회복지법인 '하트하트 재단'을 통하여 J에 대한 수술비를 지원받기로 결정된 상태였으므로 J에 대한 치료비 및 수술비로 지급할 금원이 필요한 상황이 아니었고(실제 피고인이 2004.경부터 2017.경까지 J의 치료비 및 수술비로 지급한 금원은 약 7,066,946원 뿐이었음), 피고인은 J의 수술비 및 치료비 명목의 금원을 후원받아 자신의 생활비, 유흥비, 성형수술비 등으로 사용할 생각이었으며, 피고인은 J에 대한 치료비 및 수술비 명목의 후원금을 교부받아 더 많은 금액의 후원금을 모집하기 위하여 언론사의 광고비로 사용할 생각이었을 뿐, 다수의 피해자들로부터 교부받은 후원금을 J의 치료비 및 수술비로 사용할 의사가 없었다. 피고인은 이와 같이 불특정 다수의 사람들을 상대로 거짓말하여 2007. 12. 29. 이에 속은 피해자 BL으로부터 J 명의의 새마을금고 계좌로 J의 치료비에 대한 후원금 명목인 100,000원을 송금받은 것을 비롯하여 별지 범죄일람표 I 기재와 같이 2007. 12. 29.경부터 2017. 9. 29.경까지 17,688회에 걸쳐 피해자들로부터 J의 수술비 및 치료비에 대한 후원금 명목으로 합계 801,602,384원을 송금받았다. 이로써 피고인은 피해자들을 기망하여 재물을 교부받았다.
(b) Violation of the Act on the Collection and Use of Donations;
around November 206, the Defendant opened an office for raising support payments without registering with the Seoul Special Metropolitan City Mayor in accordance with BB 103, and opened an Internet site of "BC" and "BC" on the first day of November 2006, and died if the Defendant fails to provide treatment due to rare diseases only two daughters in the world, it shall be necessary to provide treatment for 200-30 million won per time and 20 years. The operating expenses are KRW 150,000,000. From around 70,000 to 100,000 won for 70,000 won for operation expenses, up to 10,000 won for 20,000 won for 10,000 won for 20,000 won for 70,000 won for 70,000 won for 20,000 won for 10,0000 won for 20,000 won for 200,000.2.
Accordingly, the defendant collected donations without registering it with the competent authorities.
C. Fraud and violation of the National Basic Living Security Act
Anyone shall not receive benefits under the National Basic Living Security Act by deceit or other fraudulent means, and a beneficiary shall report to the competent assistance agency when there is any change in matters concerning income and property.
While the Defendant applied for livelihood benefits and housing benefits under the National Basic Living Security Act from around September 26, 2005 to BNE office located in Jung-gu, Seoul and received livelihood benefits and housing benefits, the Defendant did not report the increase of income arising from J’s medical treatment costs and operation expenses, as described in the above paragraph (a), to the Jung-gu Office, the competent assistance agency, and instead did not report the increase of income arising from the above support payments to 10 days in cash and checks, and instead did not hold more than a certain amount in the financial account. From around January 2, 2017 to around March 23, 2017, the Defendant did not receive the above 10 days in the National Basic Living Security Act from around 10, 2005 to around 20, the Defendant did not register the victim’s and the Defendant’s 20 days in his/her name from around 10, 2017 to around 16, 206, the National Basic Living Security Act and the National Basic Living Security Act.
Accordingly, the defendant was paid benefits under the National Basic Living Security Act by deceiving the victim and receiving property at the same time by illegal means.
(d) Violation of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.;
around October 2010, the Defendant purchased swords (blade length 30cm) from a person whose name cannot be known at a non-permanent place below the Gangwon-gun, the Defendant kept the above swords without obtaining permission from the chief of the police station in the Defendant’s house located in Seoul Jung-gu, Seoul, from October 19, 2017. Accordingly, the Defendant possessed swords without obtaining permission from the chief of the police station.
E. Violation of the Automobile Management Act
Around July 2017, the Defendant, without obtaining approval from the head of Jung-gu Seoul Jung-gu I parking lot, replaced a different light of 2,040m wide from luminous-type car with a width of 1,935m, and changed its structural device so that the breadth of the above vehicle can be 2,040m wide. Accordingly, the Defendant, without obtaining approval from the head of the Gu under his jurisdiction, has installed a motor vehicle.
2. Defendant C.
The defendant, as described in paragraph (1) A of this Article, stated that he was able to use the money in the form of medical expenses and surgery expenses of J in the form of living expenses, sex surgery expenses, etc., through media companies, Internet sites, etc., and, when he received a total of KRW 801,602,384 from many victims for support payments, he/she operated the collection site of BD at the request of A in order to assist it, he/she operated the collection site of support payments of KRW 200-3,000 won at the above site, and provided treatment for 20 years, and 150,000,000 won at each time, and 200,000,000 won at the request of A in the vehicle page from 70,000 to 100,000,000 won after the next 70 to 100,000,000 won in the vehicle page and 20,000,00 won in the vehicle page.
“2018 Highis19
On September 1, 2017, Defendant A entered the 6th public police station with GAI (the 59 years of age and October 25, 2017) to the above 5th public police station, and had the above 6th public police station enter the 5th public service station, and then came to know of the fact that the Defendant’s wife (the 31 years of age and death on September 6, 2017) had been raped over several occasions, and that it is difficult to punish due to lack of evidence, Defendant A had the above 6th public service station enter the 6th public service station with the above 4th public service station, and had the above 6th public service station enter the 5th public service station with the 5th public service station with the view to having the 5th public service station enter the 5th public service station with the 5th public service station and enter the 6th public service station with the 5th public service station with the 5th public service station with the 5th public service station, and the 6th day after the 6th day of GIST.
Accordingly, Defendant A conspired with G for the purpose of having AI punish criminal punishment.
Summary of Evidence
2017Gohap457
1. Defendant A’s legal statement
1. Defendant B’s partial statement
1. Each legal statement of a witness A and J;
1. Each protocol of examination of the suspect against the defendant A, B, and J;
1. Statement by the prosecution against C;
1. Each police interrogation protocol against the defendant A, B, and J;
1. Each protocol of seizure and the list of seizure;
1. Each investigation report [A’s statement recording, CD attachment, photo analysis of suspect A vehicle B, CD attachment, CCTV image attachment, CD attachment, CD attachment, data analysis of R2W vehicle attachment, CD attachment, CCTV image data analysis around the site, CD attachment, X-ray investigation, CD attachment, telephone network file of suspect B and suspect A, CD attachment, cell tape file of suspect B and suspect A, body photo attachment, identification time forecast of suspect A’s dead body abandonment, body photo attachment, suspect JA (including CCTV image), suspect JA report on suspect A’s body abandonment, examination report and autopsy attachment, document attachment of suspect A's body attachment, document of autopsy on September 30, 2017, document of autopsy and autopsy, document of confirmation of suspect A’s body attachment, document of confirmation of suspect A’s body attachment, document of confirmation of suspect A’s body attachment, document of confirmation of suspect A’s body attachment, document of confirmation of suspect A’s body attachment, document of evidence attachment, on the victim’s 30 October 1, 2019;
1. Requests for each appraisal;
1. The autopsy and appraisal report and the actual survey report;
1. Preparation and reporting of each record book;
1. Written drilling (delivery of outcomes, etc. of digital sirens);
1. Each photograph;
2018 Gohap2
1. Defendants’ respective legal statements
1. The police interrogation protocol of each police officer in UN, AB, AE, and B;
1. Data of each insurance company set forth in Tables 1 through 8 of crime sight;
“2018Gohap16
1. Each mandatory insurance policy, each register of automobiles;
1. Defendant A’s legal statement
1. Each suspect interrogation protocol of BU, BV, BX, BY, Z, CA, CB,CC, and CD;
1. The police statement of the AI;
1. Report on internal investigation (the statement of the autopsy);
1. Each investigation report (in relation to lotbhome CCTV in which a suspect took visual images of the act of similarity of male and female by a criminal suspect A, such as instructions, etc. to take off a sexually related head, attachment of video CDs of a suspect A's coercion, attachment of video CDs of video recording of the suspect A's coercion part of a document, and video recording of a suspect A's sexual purchase, etc., accompanied by video recording of a suspect A's sexual purchase, etc.);
1. A written autopsy and appraisal;
1. On-site photographs;
2018 Maz. 17
1. Defendants’ respective legal statements
1. Each prosecutor's interrogation protocol of the defendant A and C
1. AB prosecutor's statement;
1. Each police suspect interrogation protocol of Defendant A and Defendant C
1. Each police statement of CF, CG, AE, CH, CI, CJ, K, and CL;
1. Each statement of the defendant C, CM, CN, CO, CP, and CJ
1. A certificate of CI;
1. Seizure records;
1. Each internal investigation report (related to the verification of suspect A, etc. and card number, exposure to suspect A press, arrangement related to the supply and demand of basic living for suspect A, vehicle-related vehicle and board, register, current status of insurance coverage, and four vehicle-related vehicle for suspect A whose policyholder is the person under suspicion A);
1. Each investigation report (in relation to investigation related to the personal data collection of support fund, BD related to the donation collection website, deception related to support fund collection website, designated background for support fund collection, BD related to J-related B-related B-C, homepage-related, calculation related to medical expenses for the hospital of Seoul University Hospital, adjusted the details of use of support fund, investigation into the place of use of support fund, documents attached to telephone statement survey table, annual organization of support fund, J medical expenses related to the settlement of support fund, final report on the supply of basic living expenses and response to the integrated investigation table in Jung-gu Office, Jung-gu Office's request form and response to inquiry into the income related to the supply of basic living expenses, the monthly amount of support fund received by A-B-related income related to the receipt of support fund, the details of support fund, the details of support fund attached to A-B-related vehicle in the name of a witness for the suspect A-owned vehicle, and the facts as to the violation of the Motor Vehicle Management Act periodically accompanying A-related vehicle photographs and photographs, the amount in excess of A-related vehicle cir photograph.
1. Notice of confirmation as to whether the collection of donations is registered, notification of automatic settlement status, medical expenses confirmation, request for confirmation of medical expenses, copies of passbooks, copies of passbooks, each use contract, details of transactions, each application, approval details, advertisement details, 1. The register of automobiles and mandatory insurance, and registration certificate
1. Photographs;
1. Account transactions, etc.;
"2018, 19.
1. Defendant A’s legal statement
1. Each protocol of interrogation of police officers of AI;
1. Each police statement of GIST, BP, and Q;
1. A letter of complaint filed by G;
1. Each protocol of seizure and the list of seizure;
1. Each investigation report (a report on the occurrence of change from the victim, a report on the attachment of a report on the statement of bereaved family members, the confirmation of the records of mountain father and Jindo, the entry into and departure from the Republic of Korea against the suspect and A, a report on the restoration of a cell phone by the victim, an analysis report on the cell phone restoration, and
Application of Statutes
1. Article applicable to criminal facts;
Defendant A: Articles 28(1) and 30(1)7 of the Criminal Act; Article 58(1)7 and 4(1)1 of the Narcotics Control Act; Articles 10(1) and 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 161(1) and 30 of the Criminal Act; Article 347(1)(2) of the Criminal Act; Article 347(1)7 of the Criminal Act; Article 347(1)1 of the Criminal Act; Article 47(1)7 of the Act on Special Cases Concerning the Protection of Commercial Sex Offenses; Article 30(1)1 of the Act (the Act on the Prevention of Corruption); Article 47(1)7 of the Criminal Act (the Act on the Protection of Commercial Sex Crimes); Article 347(1)1 and 30(2)7 of the Criminal Act (the Act on the Prevention of Fraud); Article 97(2)1 of the Act on the Protection of Commercial Sex Crimes (the Act’s)
1. Commercial competition;
Defendant A: Articles 40 and 50 of the Criminal Act (Articles 2018, 17, and 1-3 (C) of the Criminal Act and between violations of the National Basic Living Security Act)
1. Selection of punishment;
Death penalty or imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) shall be imposed on the death penalty or a violation of the Act on the Control of Narcotics, etc., and each choice of imprisonment with prison labor for
1. Mitigation of self-denunciation (as to the crime of false accusation against the defendant A)
Articles 157(1), 153, and 55(1)3 of the Criminal Act
1. Mitigation and mitigation (as to the crime of aiding and abetting fraud in the judgment against the defendant C)
Articles 32(2) and 55(1)3 of the Criminal Act
1. Aggravation for concurrent crimes;
Defendant A: The first sentence of Article 37, Article 38(1)1, and Article 50 of the Criminal Act does not impose any other punishment, since he/she selected the death penalty on a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) with the largest punishment
Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in a violation of the Special Act on Insurance Fraud Prevention, which is the largest penalty and the nature of the crime)
Defendant C: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty and penalty)
1. Order to complete programs;
Defendant A: the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse
1. Confiscation;
Defendant A: Article 48(1)1 of the Criminal Act
1. Additional collection:
Defendant A: the proviso to Article 67 of the Narcotics Control Act
1. An order for disclosure and notification;
Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse
Judgment on Defendants’ assertion
1. Summary of the assertion
A. Defendant A
At the time of committing each crime of No. 2017 Ma457, the Defendant was in a state of mental disability.
B. Defendant B
The Defendant recognized the facts of the crime of 2017 Gohap457, which was decided by the lower court, but Defendant A and J did not know that the Defendant committed a crime and the investigative agency did not know of the fact that the Defendant escaped.
2. Determination
A. As to Defendant A’s assertion
According to the evidence mentioned above, Defendant A received the third level of mental disability and the third level of intellectual disability, and Defendant A was arrested at the time of committing the crime. However, it is difficult to view that Defendant A had the ability to change things or make decisions, in light of the following circumstances, i.e., the Defendant actively conspired with J and the crime of this case, and planned the method of and actions after the crime, etc. in detail. ② The Defendant actually committed the crime under the aforementioned plan, and led the Defendant to the abandonment of the body after murdering the victim, and made several calls at the time of driving. In light of the above, it is difficult to view that Defendant A was using water exemption at the time of committing the crime of this case. Considering that Defendant A’s response to the crime of indecent act of this case, which is an indecent act of this case, was unable to determine whether there was any weak mental disorder at the time, and that Defendant’s mental disorder or ability to observe the victim’s attitude at the time of committing the crime of this case, and that Defendant’s mental disorder at the time of this case’s combination or analysis is relatively difficult.
B. As to Defendant B’s assertion
Comprehensively taking account of the following circumstances, it can be recognized that Defendant A and the J, who committed a crime corresponding to a fine or heavier punishment, are aware of the fact that Defendant B and the J were escape, as described in the facts charged, and that Defendant B and the defense counsel have escaped. This part of the allegation by Defendant B and the defense counsel is rejected.
1) 피고인 B은 2017. 10. 2. 피고인 A으로부터 전화를 받은 뒤 피고인 A으로부터 지시를 받아 그 통화내역을 녹음하였는데, 통화 과정에서 피고인 B은 피고인 A으로부터 피해자가 죽었다는 사실을 들은 뒤 '그래서 걔는 어떻게 됐어? 그 애는?"이라고 반문하고 있고, 피고인 A이 "죽었지."라고 이야기하자 "개도?" 라고 반문하는 등, 피해자가 사망하였다는 점에 대하여 명확히 인식하고 있었던 것으로 보인다.
In addition, in the above monetary process, Defendant B stated that Defendant A had “the homicide of a fluorous satis,” which reads “I am,” and “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am aware of the fact that Defendant A's serious crime was committed and escaped from an investigative agency.”
2) At the fourth investigation of the police, Defendant A stated that “I would have died of the victim at the conference located at the platform located at the platform. I would like to see all facts. I would like to see that I would like to see that I would like to see that I would like to see that I would have died of the victim. I would like to see that I would like to see that I would like to see that I would like to see that I would like to see the first investigation of the prosecution. I would like to say that in the second investigation of the prosecution, I would like to say, “I would like to see that I would have died of the victim. I would like to see that I would like to see that I would have been aware that I would have come to the victim because I would have died of her her friend, and that I would like to see that I would like to see that I would have prepared to see that I would have died of the victim's friend, and that I would like to see that I would have prepared for the victim's her soon after the death.
3) The witness J has accurately written the expression “Defendant A has laid the body in the process of a telephone call with Defendant B” from the investigative agency to the court of law. The testimony of the J is reliable in view of the fact that Defendant A has consistently made a statement that “I have died of the body. I have given that I have given up the body. I have given up the body. I have given up the body. I have consistently made a statement that I have no motive to make a statement unfavorable to Defendant B.”
4) Defendant A talked that the facts of the instant crime were true about bP and C, one’s own conspiracy, and attempted to flee. Likewise, there is no particular reason to avoid hiding or talking about the facts of the instant crime only with respect to Defendant B, who attempted to assist his own escape.
5) Defendant B stated that, after the prosecution, the fact that recorded the above currency content and the above currency content with Defendant A from the prosecution to the above court was not memoryed at all, and that Defendant A did not interfere with the fact that Defendant A sent Defendant A the word “after exchange” to Defendant B, and that the fact that the victim was dead is not unrelated to the victim’s death. In a situation where Defendant A appears not to have a relation to the victim’s death directly from Defendant A, at least, he did not ask Defendant A, but rather moved Defendant A’s her her her her her her her her her her her her her her her her vehicle parked from the her beam to Seoul Gwangjin-gu according to Defendant A’s direction.
6) On October 2, 2017, Defendant B: (a) sent the phone number originally owned by Defendant A to the mobile phone number; (b) sent the phone number newly opened by Defendant A in the name of C Q after about seven minutes; and (c) did not feel any doubt in the process; (b) it is difficult to deem that Defendant A’s phone number was changed after the recording as above; and (c) Defendant A used the mobile phone number in the name of C Q only for the purpose of telephone conversations between Defendant B and Defendant C on October 2, 2017.
7) Defendant C made two telephone conversationss with Defendant B on October 2, 2017, around 19:04, and around 20:52 on the same day. Defendant B made a statement that “A without any other end,” and Defendant B did not know of the specific content of the crime of murder and abandonment of the body of the instant case committed by Defendant A, it is reasonable to deem that Defendant A was aware that at least did not have committed such serious crime.
Reasons for sentencing
1. The scope of punishment;
(a) Defendant A: Death penalty;
B. Defendant B: Imprisonment with prison labor for one month to 15 years
C. Defendant C: Imprisonment of one month to 15 years;
2. Scope of recommendations;
A. Defendant A
As an aggravated factor against the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the crime falls under the case of kidnapping and inducing by the victim, the body damage, or the purpose of criticism, which is vulnerable to the crime, and thus, an aggravated area of the type of serious crimes of murder (at least 25 years of imprisonment, at least for life): Provided, That death penalty shall be
B. Defendant B
Since the crime of violation of the Special Act on Insurance Fraud Prevention against which the sentencing criteria are set and the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the sentencing criteria for the crime of fraud for which the sentencing criteria are set shall be considered) for not less
C. Defendant C
Since each crime of fraud for which the sentencing guidelines are set and each crime of fraud for which the sentencing guidelines are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the crime of fraud for which the sentencing guidelines are set shall be considered) for not less than six
3. Determination of sentence;
A. Defendant A
(i) Considerations in the sentence of death penalty
In light of the fact that the death penalty is an extremely limited punishment that can be presented by the dual judicial system of a life-sustaining country, 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 considering the following: (a) the offender’s age, occupation and career, character and conduct, intelligence, education degree, growth process, family relation, relationship with the victim; (b) the motive for the crime; (c) degree of preparation; (d) method and method of preparation; (e) the degree of importance of the result; (d) the number of victims and injuries; (e) the depth and attitude of the crime after the crime; (e) the degree of injury recovery; and (e) the risk of recidivism; and (e) the Defendant’s mental health and behavior at the time of the crime; and (e) further, (e) the decision should be made by the court prior to and after the final judgment of 2005.
2) Sentencing factors of the instant case
A) The age, education, family relationship, occupation, career, etc. of Defendant A
(1) The Defendant was born in the CR 2 South and North 1st century, and was admitted to the SS National School on February 15, 1995, and thereafter on March 2, 1995, but was paid on March 2, 1998, and retired from middle school on March 2, 1998.
(2) When the Defendant’s middle school, the Defendant’s life record includes “one-year life record” that many persons are absent due to open relations (the first grade), and “the body is frequently damaged and thus, efforts to improve basic academic background and reading are required (the second grade).” In all subjects, the Defendant’s life record was lower, such as the Defendant’s quantity, and the Plaintiff’s result was lower.
(3) At the time of July 2002, the Defendant gave birth to CT son and son, while reporting the marriage on August 21, 2008 and doing married life.
(4) On September 6, 2017, the Defendant’s wife G felled from the Defendant’s office toilet window and died, and the Defendant’s division AI committed suicide on September 6, 2017.
(5) Around March 2005, the Defendant established and operated a KN dynas agency called “AX” with the support of AW, a broadcasting station and Synin dynas headquarters. However, there was no special occupation after the Defendant’s her her her son J’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son
(6) The Defendant suffers from rare diseases called ‘large Maternal Maternal Maternal Maternal', and the Defendant’s J also suffers from the same disease.
B) Defendant A’s intelligence, character and conduct, criminal records, etc.
(1) The Defendant received a decision of Grade 3 of mental disorders from the Offset Hospital on May 26, 2015, and received a decision of Grade 3 of intellectual disabilities on July 22, 2015, and received a decision of Grade 2 of the duplicate disability, or according to the notice of the result of an integrated trial analysis on the Defendant, the Defendant did not observe the decline in the recognition function or the failure to verify the level of mental disorder or the failure to verify the reality.
(2) According to the notice of the result of the integrated psychological analysis on the defendant, the defendant showed a warning attitude and awareness of chronic damage due to physical illness that began from care and difficulties in continued personal relations, etc. It seems that the defendant has committed a stimulative behavior or strong maleity by compensating for low self-esteem and endeavoring to impose strong self-esteem, and that the defendant has a tendency to recognize others as one of the self-sufficient factors that can satisfy sexual desire and dependence on sexual desire due to unstable and stimulated marks. In addition, the defendant showed a cooperative attitude in interviewing the defendant.
(3) As a result of evaluating the Defendant’s sexual deviation and arrival orientation through the KID, it was judged that ‘sexual family', ‘goods obscenity', ‘competing', and ‘comforcing disorder' were a deviational sexual tendency that mainly focuses on the mountain, and as a result of evaluating the Defendant’s mental properties through the PC-R (PCL-R), it was classified into the category of ‘high risk group' with the total point of 25 points.
(4) The Defendant was punished six times from April 16, 200 to April 25, 2005 by a fine for a violation of the Road Traffic Act (unlicensed driving). The Defendant was punished by a fine not exceeding two times due to a crime of fraud, and was punished by a fine not exceeding two times due to a suspended sentence.
C) The motive and plan for the commission of the crime
(1) The Defendant not only required his wife G to resolve his sexual desire, but also used commercial sex acts as living expenses, etc. by having his wife engage in commercial sex acts, and caused G to have sexual intercourse with his own father-insular AI, thereby having the AI die after having reported his rape suspicion. As a result, the Defendant found a person to resolve his sexual desire instead of his death.
(2) After G’s death, the Defendant stated that “A person who will take place in lieu of horse is required.” The Defendant: (a) during his or her four friends, he or she was fluorous to have his or her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son
(3) On September 16, 2017, the J promised with the victim on September 16, 2017, however, on the above day, the Defendant revoked the Defendant’s promise to meet with the victim on the above day, on the premise that the Defendant’s speech may not be said to have been neglected. The Defendant continued to read the victim as “the highest promptness” to the J, and thus, she had the victim taken the Defendant’s house on the 30th of the same month.
(4) On September 29, 2017, J promised with K to talk with the victim, and the Defendant confirmed that the conversation between J and the victim was shown. Since then, the Defendant prepared to commit a crime by stating to J that “The Defendant, who had token, there was a non-pactal agents (self-fluoral agents), a small amount of non-patal agents (self-fluoral agents), ethyl 3 eggs, and a small amount of bottles, which are exempted from water. The Defendant would put up ethyl 2 eggs in a large amount of disease. The attachment of a lux box is likely to contain ethyl lux, and the attachment of a lux is likely to be done. As such, the Defendant may exercise overall control over it. As such, ethyl 2 of the drinking water drinking room, which was added to drinking ... Do not have any way to enter the victim.”
D) Circumstances, means, and results of the commission of the crime
(1) At around 12:00 on September 30, 2017, J has taken the victim from the Defendant’s house at around 12:20 on the same day, at around 12:20 on the following day: (a) “The victim, who had not met or contacted the victim only once a year since he graduated from the New Middle School located in Jung-gu Seoul Metropolitan Government, and who had not met or contacted the victim only once for one year after he graduated from the same elementary school.”
(2) The Defendant, without going through the inside, said to be “gradation of fish,” called “J,” and the J given the victim a pulse 3 ethyl heath by talking that the victim was a sulse 2 lux, and made the victim drink by talking that the victim was a lux. J, instead of a pulse lux 2 luxa, went through a part of a pulse 2 luxa, instead of a pulse luxa. After that, the Defendant told the victim that “the victim continued to have no luxity,” the Defendant instructed the victim to see that the victim was a pulse 200, etc., and that the victim was aware of the victim that “the victim was a pulse sule sul and sule sul sul sul sul sa.”
(3) The J stated that “the victim was locked,” and the Defendant, using the strings for SM, applied the strings of the victim’s arms and sprinks to the Defendant, and moved the victim to the inside with J. The Defendant, while having JO out of the house, had the victim’s cell phone and complete all of the victim’s cell phone in the 0 market, and ordered the victim’s cell phone to be stored in the house string of underground stairs that the Defendant had been sprinked by the Defendant. The Defendant got 15:40 on the same day, and the Defendant left the house with the victim.
(4) The Defendant, from 15:40 to 19:50 on the same day, brought about the part of the victim’s clothes, which he had been in possession of the Defendant, to the part of the victim’s clothes, which was fluenced by doping Tech, prevented the victim from driving, and administered ethyl 3 eggs into the victim’s entrance by using an injection device to prevent the victim from shouldering. The Defendant, who was in possession of the Defendant, was flucing shots, an adult product called “by the name of the Defendant,” and when the said tape was flucatedd by the Defendant. The victim was in existence at the time, and the victim was completely deprived of consciousness, such as the flucing and sating the flus.
(5) 피고인은 같은 날 19:50경 J을 데리러 가서 같은 날 20:18경 함께 귀가하였고, J으로 하여금 안방에 들어가지 못하도록 하면서 혹시 피해자가 잠에서 깰 것 같으면 자신에게 연락하라고 지시하였으며, 이후 J이 숨겨 둔 피해자의 휴대전화를 경기 의정부시 P 부근 Q로 가지고 가 그 다리 밑 하천에 버린 다음, 같은 날 22:08경 피고인의 집으로 다시 돌아왔다.
(6) 피고인은 같은 날 22:08경 구토와 대소변조차 가리지 못하는 상태의 피해자의 반바지와 속옷을 가위로 잘라 내고 자신의 발기한 성기를 피해자의 음부 주위를 문지 르듯 비볐으며, 이후 안방 화장실로 피해자를 끌고 가 상의 등 나머지 옷을 벗기고 라텍스테이프도 잘라낸 뒤 피해자를 씻기고, 피고인의 아내인 G가 입었던 흰색 목욕가운을 입힌 뒤 침대 위에 눕혔다. 그 이후 피고인은 자신도 옷을 모두 벗은 상태로 피해자의 옆에 누워 흰색 수건으로 피해자의 생리혈을 닦아 내고 피해자의 가슴과 엉덩이, 성기 등을 만지다가 잠들었다.
(7) From October 12:30 of the same year, the Defendant: (a) from around 12:30 of the same year, she spared the victim again; (b) she kn the victim’s chest, her chest, fel, sexual flag, etc. by inserting the victim’s knife with the victim’s knife; (c) her chest, she laid the victim’s knife from the victim’s body to the victim’s knife; and (d) her knife the victim’s knife and her face on the chest.
(8) 그러던 중 피해자가 잠에서 깨어나 상체를 일으키고 왼손으로 피고인을 치면서 "누구야"라고 소리치다가 피고인과 눈이 마주쳤고, 이에 피고인은 피해자를 살해하기로 마음먹었다. 피고인은 침대 옆에 놓여 있던 물에 젖은 수건을 집어 들어 피해자의 얼굴에 덮고 피고인의 양 손바닥을 포갠 다음 입과 코를 눌렀고, 피해자의 귀에 대고 "미안해, 내가 지옥에 갈게. 갈 때는 힘들게 안 하네."라고 말하였다. 피해자는 '음, 음소리를 내다가 곧 움직이지 못하였고, 피고인은 피해자가 계속 숨을 쉬는 것을 확인하자 얼굴을 덮었던 수건을 떼어낸 뒤 그 수건으로 피해자의 목을 한 바퀴 감고 뒤통수 밑에 매듭을 지어 놓아 피해자의 목이 조이도록 하였고, 이어 넥타이로 피해자의 목을 감아 졸라 피해자로 하여금 경부압박질식으로 사망하게 하였다.
E) The circumstances after crimes
(1) The Defendant stated that the Defendant entered J by phone, and around 13:44 of the same day, J entered the Defendant’s house, and the Defendant talked that the Victim was dead and that the Victim’s body should be put in a travel room. The Defendant and J, together, roasting spededed into the Victim’s body, fungbing the Victim’s body into the Victim’s body, cut off the Victim’s body by hand, fung removal agenting the Victim’s body, cutting off the Victim’s body into the Victim’s body, fixing the Victim’s body’s body in a erocated state with eroding, so that the Victim’s body’s body might not be fluded by eroding, and arranged sp and waste, etc. on the floor of the Victim.
(2) At around 16:42 of the same day, the Defendant moved to the house of Defendant C by using his own CU EcooS car and returned to the house in the name of Defendant C, which Defendant C actually operated. On the other hand, the Defendant laid off a room for travel containing the body of the victim.
(3) At around 18:07 and around 18:21 on the same day on which the Defendant was getting on and off the above BMW SUV vehicles, the Defendant her mother BP calls at around 18:30 on the same day. At around 21:30 on the same day, the Defendant: (a) obstructed a place where the body of the victim can be cut off to the erost floor because there was no tree and there was no tree; (b) cut off the body of the victim at the above tour room; (c) cut off the body of the victim at the above tour room; and (d) laid down the contact tape, and then laid down the body of the victim at the body where the body of the victim was known.
(4) 피고인은 위와 같이 피해자의 사체를 유기한 뒤, 피해자의 옷과 피고인이 사용한 분홍색 라텍스테이프 등이 담긴 검은색 비닐봉지를 BP가 거주하는 곳 근방 샛길에 있는 비닐하우스에 버렸고, 피해자가 입었던 흰색 가운과 테이프, 얼굴을 가렸던 수건 등이 들어 있었던 위 여행용 가방을 동해IC 들어가는 입구 오른편 재활용폐기물 버리는곳에 버렸다.
(5) At around 23:45 on the same day, the Defendant visited the East Sea and returned to his house at around 03:00 on the 2th of the same month after visiting the East Sea on the same day. Around 23:00 on the 2nd of the same month, the Defendant again asked TPP to change the above BMW vehicles and trucks into the Gangwon-gu Armed Forces. However, the Defendant, who operates the truck, refused it, was 1 million won of the capital for flight. In the process, the Defendant requested TPP to put the BP with the black plastic finite in a vinyl.
(6) From 10:00 to 11:00 on the same day, the Defendant met Defendant C and Q, or made Defendant C c to cover the sturged car, requested C Q to open his cellular phone in his name, and led C Q to Gangwon-do, including the above Aburged vehicle.
(7) While driving on an expressway toward Gangwon-do, Defendant B and phone, introduced Defendant B’s “Umoto”, and led Defendant B to the above telecom. In that process, the Defendant instructed Defendant B to record the phone contents with Defendant B. The Defendant arrived at the above telecom around 19:10 on the same day, and went back from the telecom with J, Defendant B, and Defendant B’s wife at around 01:20 on the same month.
(8) Around 04:40 on the same day after the above telecom, the Defendant arrived at X-gu Seoul Special Metropolitan City W, and during this process, the Defendant contacted the Defendant C, and asked the Defendant to leave the body and sprink in his house, and asked him to do so. After which, upon Defendant B’s request, the Defendant transferred his own situation in which he was placed on a Abdon car, to Defendant B’s YF car, and the Defendant and J transferred the vehicle to Defendant B’s YF car at around 17:18 on the same day, and then the Defendant and J transferred the vehicle to 403 of the Dobong-gu Seoul Special Metropolitan City ZFA building, where the Defendant and J were to be accommodated at around 17:18 on the same day. The Defendant was arrested on the 403th of the above building and was arrested on the May of the same month
3) Determination of sentencing
A) First, with respect to the motive and plan for the crime of indecent act by compulsion, Defendant A, under the specific purpose and plan to commit the crime in order to resolve his/her alternative sexual desire, tried to display a cellular phone of J, which is his/her father, to the victim for the reason that he/she was in comparison with the victim’s wife who died, and then asked the victim to attract the victim to the house of the defendant, and then, the victim was imprised so that he/she could easily identify the victim with the J in advance, and then put him/her exemption from the J to the mouth so that he/she could easily identify the victim, and then put him/her exemption from narcotics ingredients in the body of the victim, and then make the victim drink the victim under the specific purpose and plan for the crime in order to drink the victim’s sexual desire, and make the victim take away from the body of his/her her her her flusium, and make the victim take away from the body of his/her flusium, and make the victim prepare and fluencing the content of the victim.
B) As to the background, means, and result of the crime of murder by indecent act, Defendant A: (a) induced the victim at his own house as planned; (b) in fact, the victim, who was only 14 years old, J had the victim drink narcotics, such as strokem ingredients, etc.; and (c) made the victim, who was merely 14 years old due to the victim’s intervention before recovering consciousness in preparation for the loss of the victim during the crime, without providing basic nutrition to the victim who was merely 24 hours old, who was merely 14 years old due to forced input of narcotics, etc. by force before recovering consciousness.
In order to look like the victim's leaving home during the crime, the defendant had theJ have the victim's cell phone and brought all of them to the previous underground room after the end of this market, and again, the defendant committed a simple act that prevents the victim's whereabouts from being discovered during the crime, such as dumping the victim's cell phone that has been terminated by all, from the Qgu, in another place, in order to keep the victim's cell phone from spreading to the other place, and then, the defendant presented it to the tamper that prevents the family from suffering the victim's whereabouts during the crime.
피고인은 이렇게 피해자에게 마약류를 과다 복용하게 하여 의식을 잃게 한 뒤 불과 14세에 불과한 중학생인 피해자에 대하여 변태적으로 피고인이 발기가 되지 않는 상태에서 성인용품인 바이브레이터를 음부부분에 가져다 대고 성인용품인 핑크색 라텍스테 이프로 피해자의 발목을 묶은 뒤 일명 '빠따'로 불리는 성인용품인 스틱을 잡고 피해자의 발목을 수 회 때리고, 그 와중에 피해자가 깨어나지 못하도록 스틸녹스 3알을 녹인물을 주사기를 이용하여 피해자의 입에 투여하였으며, 피해자의 휴대전화를 위와 같이 하천에 버린 뒤 다시 집으로 돌아와 피해자의 체육복 반바지와 속옷을 가위로 자른 뒤 피고인의 성기를 피해자의 음부에 문질러 비볐다. 그 뒤 피고인은 피해자의 옷을 모두 벗기고, 의식을 잃은 채 용변을 본 것으로 보이고 생리 중이었던 피해자를 씻긴 다음 피해자에게 아내가 입었던 흰색 목욕가운을 입힌 뒤 침대에 눕힌 피해자의 가슴과 엉덩이, 음부 등을 만지고 피해자의 가슴에 피고인의 얼굴을 비비는 등 14세에 불과한 피해자에게는 말할 것도 없고 일반 성인의 관점에조차 극악무도한 성적 수치심을 불러 일으킬 변태적이고 가학적이며 피해자의 기본적인 인간의 존엄성까지도 짓밟는 추행을 하였다.
The Defendant: (a) committed a satisfic and satisfic talk with the victim’s body, such as satisfing the victim’s face with the victim’s satisfy, covering the satch with the victim’s face; (b) satisfying the victim’s ear with the victim’s ear, and satisfying the victim’s ear; (c) satisfying the victim’s satisfy; and (d) satisfying the victim’s satch with the victim’s body; (b) satfying the victim’s body with the victim’s face with the victim’s face; and (c) satisfying the victim’s face with the victim’s face; and (d) satisfying the victim’s satch with the victim’s satch with the victim’s body; and (d) 1) satisfynching the victim’s body.
C) As to the circumstances after committing the crime of genocide by compulsion, the Defendant was frightened with J, roasting, frightened with the body of the victim after murdering the victim, and frightened with the body of the victim. After that, the Defendant frightened to the body of the body of the victim, fright removal agents into the tape, fright removal bags into the bridge, cut off the body of the vehicle with the tape, and then frighted to the head of Gangseo-gu, Gangwon-do, and frighted to the body of the body. The Defendant was 100 meters away from the body of the victim so that it cannot be easily discovered the body of the body of the victim. The Defendant did not have any respect for the body of the victim. The Defendant was frighted from the body of the body of the victim so that he was frighted with the body of the victim and frightened with the body of the victim, and frighted with the body of the victim, and frighted to the body of the Defendant.
Furthermore, even though the Defendant submitted several statements to the victim and his bereaved family members from the investigative agency to the court, in light of the overall context of the reflective nature and the attitude of the Defendant’s statement in the court, it is nothing more than that of the Defendant, rather than that of provokings against the victim and his bereaved family members, and rather, it is nothing more than that of using force for the Defendant to take a minor punishment even when he was boomed with his happy future in this situation. In light of the fact that the Defendant appears only to have been outside of the Defendant and used for himself by receiving donations on the ground of his own scamblance, and that he was involved in the salted crime, it is difficult for the Defendant to believe that he was in mind or was able to know about his father and his father in the future at the time of committing the instant crime, and rather, it is difficult to believe that he has already used his her scambry as a means of crime, rather than a means of devokinging his her ability to use it as a means of crime.
D) With respect to the instant crime of indecent act by compulsion, the impact of the victim’s suicide on our society, the degree of damage and recovery thereof, etc., Defendant A, as seen in the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Protection of Commercial Sex Acts, Etc.), had his wife engage in commercial sex acts against many and unspecified persons, and had his wife take pictures of it, and had his wife do so, and had his wife do so, and caused the Defendant’s wife to die away from the toilet window, and caused the Defendant’s wife to commit such an act of spawnous and human behavior. In addition, the Defendant’s wife and his wife led the Defendant’s suicide by committing an act of spawnizing his body until his wife died, and the Defendant appeared to have been faced with the Defendant’s wife and spawn of his body in Korean. Furthermore, the Defendant appeared to have been faced with the Defendant’s wife’s secret and spawnished his wife in Korean.
이렇게 피고인은 자신의 처가 사망한 지 불과 한 달도 되지 않은 상황에서 처를 대신할 성적 대상을 찾았고, 자신의 딸로 하여금 그 친구를 유인해 오도록 하여 추악하고 몰인정한 강제추행살인의 범행을 저질러 우리 사회 전체를 공분으로 휩싸이게 하였을 뿐만 아니라 자신의 딸 또한 용서받기 어려운 악의 구렁텅이에 밀어 넣게 되었다.
The degree of damage of the victim and his/her bereaved family members can not be measured, and the degree of mental suffering, shock, fear, etc. of the victim incurred at the time of the crime of this case is to the extent that the victim cannot be able to do so. Ultimately, the victim's parents and bereaved family members lost his/her life and brought about the result of unrecovering or unrecovering as a punishment. The victim's parents and bereaved family members contact with the crime that is identical with Cheongcheon-do and cannot be believed, and without suffering from their pains and pains, their competition with the media about this case did not lead the victim's house, beauty room operated by the victim's mother, the victim's school and the school where the victim had been placed, and the victim's relatives and her relatives were unable to live in the victim's house without any stress, and they did not live in the victim's daily life without any stress. The victim's mental disorder after the occurrence of this case.
In addition, the victim's friendships and school teachers do not mean the victim's friendships and school teachers and staff, they are suffering from mental pain which is difficult to recover easily due to the crime of this case, and have concealed the victim, which was of a flat and lucent character, and have caused a huge mental damage to all to the extent that it is difficult to maintain school life in the normal atmosphere for a considerable period of time in the future.On the other hand, Defendant A's cW, under the name of 'CW', 'CW', 'the fact that Defendant has been living in a fluorous manner by receiving support or contributions from the general public, and caused the social organization and difficult flusium that have been supported or contributed normally from the general public, and the flusium and difficult flusium that caused the social inequality and emotional harm that could not be easily restored by making it difficult to recover.
E) Defendant A’s character and conduct, attitude before and after the commission of the crime, whether the crime was committed or not, the degree of harm recovery, and fear of re-offending, etc. are strong, and the Defendant has a character and conduct expressed his own desire to others easily, and the Defendant seems to have a obsive desire disorder accompanied by a obsive desire, as the instant crime was committed. Furthermore, the Defendant not only committed the instant crime against the victim, but also operated a sexual traffic business establishment by using his wife, nor allowed his wife to have sexual intercourse with his wife, but also had a wrong system for not only one of his own distorted sexual desire or other purposes. In particular, it appears that the Defendant did not have any fear of harm before and after the instant crime, but also did not have any fear of harm to the victim’s own sexual desire or other purposes, and it is difficult to find out that the Defendant had no other way to commit the instant crime against the victim’s own sexual desire or other acts without any fear of harm.
F) The current law provides that a person who commits rape, etc. against a child or juvenile, such as the instant crime, shall be punished by death or imprisonment for life. This does not mean that legislators specifically prescribe the punishment for murder committed in combination with sex offenses against children and juveniles to be actively protected by our society. Since the so-called "influent life sentence that restricts the possibility of parole or amnesty, etc." has not been introduced, it is difficult to replace the death penalty in terms of the protection of individuals' lives and social safety. In addition, in the instant crime, it is difficult to replace the death penalty in terms of the protection of individuals' lives and social safety. In addition, since there is no possibility that other person than the Defendant is a criminal, there is no problem of misunderstanding.
Although the defendant is punished by the extreme punishment of death penalty and does not recover the damage to the victim or his/her bereaved family members, the death penalty is a very cold punishment that deprives the human life itself of it, and even though it is extremely exceptional punishment that can be presented by the dual judicial system of the country of the name of the defendant, considering various sentencing factors as seen earlier, in light of the following diverse aspects, such as the degree of responsibility for the crime of indecent act by force against the juvenile of the defendant's child office, balance between the crime and the punishment, punishment responding to the crime, punishment against social protection and potential criminals, warning of the criminal, possibility of improvement and edification of the criminal. The choice of the extreme punishment that is isolated from our society is inevitable, and even if the death penalty is not executed, it cannot be said that the society of the victim and his/her bereaved family members should have a sense and above.
Accordingly, the defendant A shall be punished by death penalty as ordered.
B. Defendant B
Defendant B’s crime of escape of this case was committed by providing a vehicle with knowledge of the fact that Defendant A and J committed a crime of escape and attempted to inquire of the entire criminal of this case. Defendant A and J have committed a scambling of a scambling crime. The content of the crime is poor and significant. Furthermore, the Defendant’s acquisition of insurance money equivalent to KRW 9,30,000 in total amount of insurance money twice in collusion with Defendant A by submitting a false insurance accident report is very poor: Provided, That it is deemed that the Defendant was first offender and objective facts were recognized, and that the Defendant was not aware of the overall criminal of the crime of this case, and that it appears that Defendant did not want to have specifically known of the whole criminal of this case, and that Defendant paid KRW 100,000 to Hyundai Marine Fire Insurance Co., Ltd., Ltd. for the crime of this case, and the motive, circumstance, etc. of the crime of this case and its age after considering the following circumstances.
C. Defendant C
The Defendant, in collusion with Defendant A, filed a false insurance accident report, thereby obtaining pecuniary benefits of KRW 6,517,600,00 in total of insurance money, such as repair costs, and even though Defendant A was thought to be used for any other purpose, Defendant A received approximately KRW 800,000,00 from many victims for support payments, and acquired money under the pretext of the treatment costs and operation expenses of J, thereby facilitating the Defendant A’s act of receiving support payments by means of opening a website for raising support payments and writing comments, etc. In that such crime causes a large number of good citizens to believe the society as a whole. Nevertheless, the Defendant did not completely endeavor to recover damage caused by fraud and aiding and abetting.
However, the defendant confessions the crime of this case and reflects the fact that the defendant has no other punishment force except once a fine is imposed due to the violation of the Road Traffic Act, etc. shall be considered in determining the term of punishment. In addition, the defendant's age, character and behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.
Registration of Personal Information
Defendant A is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information within the jurisdiction pursuant to Article 43 of the same Act, if a conviction is finalized on the crime of violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (Rape, etc.) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
Judges
The presiding judge shall replace the judge;
Judges Kim Jae-won
Judges Noh Jeong-chul
Note tin
1) Even based on the evidence submitted by concurrent doctors, it is insufficient to recognize the fact that the defendant directly asked A, a real estate intermediary, about the studio, etc., for which A may go through a telephone from his/her own real estate intermediary. Therefore, this part is to be deleted.
2) Since this part of the facts charged is an obvious omission or clerical error in the context, it shall be corrected additionally.
Attached Form
A person shall be appointed.
A person shall be appointed.