2017No1485 homicide, attempted murder, special obstruction of performance of official duties, guns, swords, and fire extinguishing drugs

Violation of the Act on the Safety Control of Specific Crimes, etc.;

Violations of the Act on Probation and Electronic Monitoring, Violence

Violation of the Punishment of Punishment, etc. Act (Exemplary)

A

Both parties

Maximum decoration (prosecutions) and trial date (public trial)

Attorney BG (National Ship)

Seoul Northern District Court Decision 2016Gohap541 Decided April 27, 2017

August 16, 2018

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for life;

All the certificates of seizure 1 through 29, 33, 34 shall be confiscated.

1. Summary of grounds for appeal;

A. Defendant: misunderstanding of facts and misapprehension of legal principles, and unreasonable sentencing

1) misunderstanding of facts1

A) homicide on the victim R

Victim R is not dead at the time of the defendant's death, in line with the hhacker strings.

A third party, such as police V, at the scene, died in line with the shhance gun, or a third party was killed in line with the defendant's shance gun by using the shance gun, or was transported to the hospital, and was shanced.

B) Attempted murder of the victim E

피해자가 피고인이 내리친 장도리에 맞아 머리를 다친 것은 맞다. 그러나 당시. 장도리를 두꺼운 겨울 양말로 감쌌고, 4회 가격 후 바로 멈추었으며, 피해자의 상태, 치료비 액수 등 여러 정황상 상해 정도가 실제로는 두개골 함몰 골절에 이르지 않았다. 고 할 것이므로, 피고인에게 살인의 고의가 인정될 수 없다.

C) Attempted murder to the victim J

The victim is in line with the strings of the defendant. However, only he had the intention to kill E at the time, and there was no intention to kill the victim.

2) Legal principles

The violation of the Punishment of Violences, etc. Act should be seen as absorbing the murder or attempted murder.

3) Unreasonable sentencing

The imprisonment with prison labor of the court below is too unreasonable.

B. Prosecutor: Unfair sentencing

The sentence of the court below shall be too unhued so as to be unfair and the punishment of death shall be sentenced.

2. Ex officio determination

In the trial of the court, the prosecutor applied for amendments to Bill of Indictment with the contents of "6. Special Obstruction of Performance of Official Duties" among the facts constituting the crime in the judgment of the court below as follows, and this court permitted these amendments.

The Defendant, at the same time and place as set forth in Paragraph 5, sent a call after having received 112 report, was replaced for about 10 minutes, such as continuing to launch, which is a dangerous object, to the police officer S and V belonging to the police box.As such, the Defendant carried dangerous objects and interfered with the lawful performance of duties by the police officer in relation to the prevention, investigation, and suppression of the crime.

However, this part of the crime has been sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act in relation to the concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining crimes found guilty. Therefore, the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

3. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. Judgment on the assertion of mistake of fact

1) The premise for the determination

In criminal trial proceedings conducted in the form of a participatory trial conducted in order to enhance the democratic legitimacy and trust of the judiciary, the collective opinion presented to the full bench on the recognition of facts of this fact by the jury composed of citizens cultivated through strict selection procedures is a recommended effect to assist the judge of the fact-finding court who has full power over the preparation of evidence and the recognition of facts under the substantial direct and direct and court-oriented principle. If a jury participated in the whole process of fact-finding along with a verdict issued by unanimous opinion as to the cooking of evidence and the recognition of facts is adopted in accordance with the jury's conviction, the first instance court's determination on the preparation of evidence and the recognition of facts by such procedure must be respected to the extent that it is sufficiently and clearly opposed through new evidence examination in light of the purport and spirit of the principle of direct and court-oriented trial and the principle of court-oriented trial-oriented trial-oriented trial-oriented.

(See Supreme Court Decision 2009Do14065 Decided March 25, 2010, etc.)

In the court below where the citizen participation trial was held, the jury participated in the whole process of the trial of facts, such as the examination of witness, and committed murder against the victim's R, the counsel and the prosecutor's strong court room for the establishment of the crime of murder shall be examined, and the court below adopted the jury's verdict as it is, and found the defendant guilty of the above crime based on evidence duly adopted and investigated by the court below. The court below's fact-finding and judgment of the court below need to be respected, unless there are sufficient and sufficient circumstances to clearly oppose the jury's verdict through new evidence examination, and there is a significant reason to understand it.

2) Murder of the victim R

In full view of the following facts which can be acknowledged by the evidence duly adopted and examined by the court below and the trial court, and the circumstances revealed therefrom, the judgment of the court below that the defendant died from the shums with the shumsus with the shumsus as a private gun at the time is just and acceptable, and there is no error of law in the misunderstanding of facts alleged by the defendant. Accordingly, this part of the defendant'

A) The victim had already died before sending back to the hospital, and the cause of the death is the total amount.

Unlike the defendant's assertion, the victim had already died before returning to the hospital.

The cause of the victim's death is the chest long-term damage caused by the flusium 2) such as flusium flusium 2, and there is no other external wounds, disease, toxic chemicals, etc. (Investigation Records No. 175, No. 1772, 3).

Carbon exchange is a state of stop at the end of the sloping, while driving into the left shoulder part of the victim's left shoulder and driving into the bottom part of the sloping, left shoulder, inner booming, and slopings in order to the lower part of the sloping.

B) The sum of the victims would be by the chains launched from the Defendant’s shooting machine.

According to the X-ray photograph for the victim, the return of the victim's chest is confirmed to be in the hacks type (i.e., 1781-1782). The victim's first-aid doctor AD of BH Hospital sent after the victim also stated that "the total notice of the non-shot shape in the victim's body was first seen, but was not in the normal total known form, but in the old slot pattern." (ii) The victim's first-aid doctor AD stated that "the total notice of the non-shot pattern in the victim's body was not in the normal shape, but in the old slot pattern." (iii)

The Defendant used the industrial hacks with the carbon of the specifications used in the instant crime (number 1353). The diameter is about 0.67cm and the size and form of the hacks found in the body of the victim (number 1385), while the size and form of the hacks found in the body of the victim are the same (number 1385), and the size and form of the 38 hacks ordinarily used by the Korean police (number 1402) are clearly distinguishable (number 1402).

As to this, the Defendant asserts that the police, in the body of the victim after the death of the victim, deducted the total eggs from the body of the victim, and re-injects the hacks that he used. However, in the court of original instance, a doctor AE who examined the body, stated in the court of original instance that “IE is one of the hacks, and thus, it is impossible to create a state of hacks by external and external methods unless the hacks the hacks against the victim,” and the content of the statement is sufficiently reasonable (Article 639.5 of the trial record).

C) The 쇠s are launched by the defendant, not by a third party, from the shooting gun.

① Location and distance of the Defendant and the victim at the time of committing the instant crime

The Defendant escaped after committing the crime of attempted murder, and went to a down to a downhill of P. After receiving the report, the patrol car No. 72, dispatched after receiving the report, and stopped on the front side of the hidden fleet, which the Defendant concealed. The patrol car stopped and the Defendant stopped away from the number of meters of delivery being stairs, and the rail was installed between the roadway and India.

The police S in the driver's seat of the patrol vehicle, and the victim was almost at the same time at the same time in the chief of the police. The victim was coming from the road when she was on the pool forest with the defendant's own.

(2) The circumstances at the time the victim suffers a total injury.

At the time of the victim's appearance, S, T, and Y had been on the site of the victim. They did not see the Defendant's launch of a shooting gun, but they observed the situation of the victim's total loss along with the general doctrine. In other words, the police BI stated that "the victim did not see the level of the victim's total loss at the wind to the driver's seat of the above patrol vehicle, but it did not see the level of the victim's total loss at the patrol vehicle's exit, but it was "after the last time, the victim tried to get off the road below the road."

T was known to be the Defendant’s grass forest upon the arrival of the patrol car as the person driving away from the Defendant, and the said patrol car arrived. However, it stated that “The victim was at the end of the patrol car and was at the end of the patrol car, while informing the Defendant that the Defendant had a total amount of money, and the Defendant was at the end of the exact location that the Defendant was hiding. The victim was at the end of the patrol car, and the victim was at the end of the road.”

Y also is a person who is in accordance with BJ due to driving away of the Defendant. “After the arrival of the patrol car, the victim was able to get out of the bJ because he had a total amount of the Defendant. The victim was placed on the road, and the victim was coming out on the left side, such as the left side.”

In light of the above witness's statements, it is clear that the victim suffered a total amount of money at the time of the crime, in full view of T Y without a direct interest with the defendant, and T Y does not have any motive to make a false statement unfavorable to the defendant.

(3) The users of firearms at the scene of crimes.

At the time, the Defendant recognized the fact that the Defendant launched three shooting guns for the victims who come to oneself (Gong704, 152, 1144).

However, at the time of the crime, only the defendant used the firearms at the scene of the crime. At the time, the police possessed only the victim's rifle, and the police S possessed only the test.

The use of a gun by police V, which is doubtful by the defendant, is one of the following after the victim gets out of the road with the gun and arrived at the scene of the crime by getting out of the other patrol vehicle.

D) It is extremely rare for the victim to have shacks using a third party's shooting gun or third party's shooting gun with the victim's shooting gun.

(1) A defendant shall raise the possibility that a third party, other than the police, died of the victim, in contact with the shoot.

However, inasmuch as the return discovered in the body of the victim is entirely different from that of the general shots, the third party also created a shot gun that can emit the same size and form of shots as the shots used by the defendant. Furthermore, it is extremely rare that the defendant prepared a shot gun in advance by predicting that the defendant escaped from the P room around the date of the crime of this case and was to punish the shots in the vicinity, and then waiting for it.

(2) The defendant also raises a possibility that a third party has killed his/her shoots with his/her own shooting gun.

However, the defendant's shooting gun is a method of cutting down without a detonating cap with a fire in the heart such as a flame gun (the number of 168), and the defendant's independent manufacture. In our reality where the use of a gun is strictly prohibited, it is extremely rare that the third party used the shooting gun by itself.

③ At the time, the Defendant: (a) three strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings are simultaneously launched; (b) according to the results of the appraisal by the National Scientific Investigation Institute, the Defendant, even though there is only one strings of the 10cc away from the 7m distance; (c) this is due to a third party’s strings of the st

As set out in the above 1) and 2) the victim’s shot gun or shot gun, or the third party’s shot gun is highly likely to have suffered the total loss of the victim due to the use of the defendant’s shot gun.

On the other hand, it is sufficient for the victim to have broomed the remaining two parts on the left side of the part with the total body. The experiment of the National Institute of Scientific Investigation and Research also conducted a fixed string. On the other hand, three seconds have passed since the Defendant’s string string string string string string string string string string string string string string strings (man 671). At the time string string string string string string string string string string string 283). Thus, it is possible for the victim to string string string string string string string string string string string string string string string string string string string string at the time of the crime (Gong691, number 152,86).

④ In addition, the Defendant, at the time, did not ask the Defendant in hole on the gun section of the type luminous gate worn by the victim, black powder used by the Defendant in a shooting gun. This asserts that it is because a third party is in line with shoots or was launched by using his own shooting gun at a remote distance from a third party.

It is extremely unlikely that the victim sustained the total amount due to the third party's shot gun or the third party's shot gun or the third party's use of the defendant's shot gun or the third party's use of the defendant's shot gun.

On the other hand, according to the above appraisal statement, "the distance of the attachment of chemical residues is within 1m," and as seen in paragraph (1) of the above article, at the time, the defendant and the victim kept the distance between the defendant and the victim (in accordance with the defendant's statement, there was a difference between the victim and the victim. No. 704 and the defendant's statement of grounds for appeal No. 76) and the victim's joints of the victim's joints of the stalle of the stalle of the stalle of the stalle of the stalle of the stalle of the victim's joints of the stalle of the stalle of the light

3) Attempted murder of the victim E

In full view of the following facts recognized by the court below as duly admitted and examined evidence and the circumstances revealed therefrom, the defendant at the time can be sufficiently recognized that at least the defendant had had the intention of murdering the victim E. Therefore, this part of the defendant's assertion is without merit.

① From the time of the initial police investigation, the Defendant stated to the effect that “the victim was her "the victim was 's saved with death, saved with her save, or saved with her head by save,” and that “the victim was dead, but rather the police officer was saved with death” (Article 155-156). In the police investigation and prosecutorial investigation, the Defendant concluded that “The victim was saved with death and was saved with the victim who was saved with the victim’s death” while “The victim was thought to have no saved with the victim’s death” (Article 925, 1141).

② 망치를 양말로 감싼 이유에 관하여 피고인은, "겨울에 망치를 손에 쥐고 다녔는데 망치가 차가워서 양말로 감싼 것이다."라고 진술하였다(수 1136). 가격을 멈춘 이유에 관하여도 피고인은, "피해자 E의 머리를 망치로 가격할 당시 망치 뒤 못을 빼는 부분이 E의 머리에 맞아 비스듬히 빗나가며 '푹 들어가는 느낌'을 E의 머리에 망치가 박혔다고 착각하여 큰 부상을 입었다고 생각하여 가격을 멈추었다."라고 진술하였다(수 1140).

③ It is clear that the diagnosis name of the victim in the medical certificate of injury for the victim is 'dual aggregate', and the degree of symptoms therefrom may vary depending on the actual condition and degree of the alley, whether the brain affects the brain, the patient's condition at the time.

Even if the degree of injury of the victim did not reach the “dual dubing so far” of the Defendant’s assertion, in full view of the various circumstances, such as the material and form of the dunes used by the Defendant as at the time of committing the crime, the method and frequency of unloading the dunes, and the part and degree of the injury inflicted on the victim, the willful negligence of the Defendant’s murder is sufficiently recognized.

4) The charge of attempted murder to the victim J

(1) Relevant legal principles

As long as a gun was launched for the purpose of murdering “A”, there was an intentional murder committed against “B” in the event that “B” dies (see Supreme Court Decision 1975, Apr. 22, 1975). Even if there is a so-called “misunderstanding of other”, it does not interfere with the establishment of murder committed by the perpetrator (see Supreme Court Decision 83Do2813, Jan. 24, 1984).

(2) Determination

Comprehensively taking account of the following facts that can be acknowledged by the evidence duly admitted and investigated by the court below and the circumstances revealed therefrom, the defendant: (a) ordered a shooting gun to kill E with the intent to kill E; and (b) the victim, who was around it, was sufficiently recognized that he suffered a total injury due to brooms or brooms; and (c) there is no problem in recognizing the victim's intentional murder because it constitutes a mistake of shooting.

① At the time, the victim stated that the Defendant was faced with a shooting distance near the point where the Defendant launched the Plaintiff’s arm’s length toward E (the number of 55,1735-1740), and that at the time the victim was flicked two times on the part of the clothes when she obstructed the shooting distance (the number of 54-55).

(2) The size of hacks extracted from the victim's body shall be the same as the defendant's use of the hacks with the total eggs of the hacks gun and its form and size (man 77, 1353).

C. Judgment as to the assertion of misunderstanding legal principles: Violation of the Punishment of Violences, etc. Act

1) Relevant legal principles

The so-called “unlimited accompanying act” refers to an absorption relation, which is one of the forms of a legal concurrence agreement. If an actor commits a specific crime, it does not necessarily have to be logical, but generally and typically meets other constituent elements, and where punishment is not separately considered because the details of illegal or liability of such constituent elements are insignificant compared to a principal offense (see, e.g., Supreme Court Decision 2012Do1895, Oct. 11, 2012).

2) Determination

This part of the facts charged is that the defendant carried a total of seven knifes to attack police officers, including the flife point four knife, which is a dangerous object that was arbitrarily remodeled before D's real estate, around October 19, 2016, around 18:20.

In light of the aforementioned legal principles, the means and methods used for the crime of murder and attempted murder are diverse, and thus, it cannot be deemed that the above blades, etc. are used typically. In fact, the Defendant did not use the above 7 knife for the crime of murder and attempted murder. Therefore, the charge of carrying the knife seven knife, which is a dangerous object, cannot be deemed as being absorbed into the crime of murder and attempted murder. Accordingly, the Defendant’s assertion on this part is without merit.

4. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

[Grounds for another judgment]

Criminal facts and summary of evidence

The part of "special obstruction of performance of official duties" among the facts constituting the crime of the judgment of the court below (Article 369 of the Criminal Procedure Act) (Article 369 of the Criminal Procedure Act) is the same as the part of the judgment of the court below, with the exception of adding "1. AD's legal statement to the summary of the evidence as stated in 2.2.

Application of Statutes

1. Article applicable to criminal facts;

Article 73 subparag. 1 and Article 11(1) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc. (the manufacture and possession of Mono guns)

Articles 70(1)2 and 4(1) and (3) (a) of the Act on the Safety Management of Firearms, Swords, Explosives, Etc.)

○ Article 7 of the Punishment of Violences, etc. Act (Aggravated Punishment of Dangerous Articles)

○ Articles 254 and 250(1) of the Criminal Act (the commission of attempted murder to victims E and J)

Article 38 and 14 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

○ Article 250(1) of the Criminal Act (the occupation of homicide)

○ Article 144(1) of the Criminal Act (the point of each special obstruction of performance of official duties)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Special Performance of Duties)

1. Selection of punishment;

In the case of murder and attempted murder, the choice of life imprisonment and the remaining crimes shall be punished by imprisonment.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act (Punishment of punishment and punishment prescribed for the heavier homicide)

1. Confiscation;

Article 48(1)1 of the Criminal Act, reasons for sentencing

1. The scope of punishment by law;

Life imprisonment

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

○ First Crimes: homicide

[Determination of Punishment] Type 2 (Ordinary homicide)

[Special Persons] Planned homicides, cruel methods of committing crimes, and anti-competences

[Scope of Recommendation] Special Heavy Region (15 to 15 years, and more than weapons)

○ Second Crimes: Crimes of homicide for Victims E

[Determination of Punishment] Type 2 (Ordinary homicide)

[Special Persons] Planned homicides, cruel methods of committing crimes, and anti-competences

[Scope of Recommendation] Special Heavy Region (five to twenty years, 20 or more years, or 6)

○ 3 Crimes: Crimes of homicide against the Victim J

[Determination of Punishment] Type 2 (Ordinary homicide)

[Special Persons] The method of committing a cruel crime, and there is no reflector;

[Scope of Recommendation] Special Heavy Region (5 to 20 years or more, or weapons)

* The scope of final sentence due to the aggravation of multiple offenses: From 15 years to 15 years, however, life imprisonment according to applicable sentences;

3. Determination of sentence;

1) Facts and circumstances that are conditions for sentencing

According to the evidence and records duly adopted and examined by the court below, the following facts and circumstances are recognized:

a)the age, character and conduct, intelligence and environment;

① In 1970, the Defendant was born within 2 South and North Korean women in Seoul in Seoul, and the father of the Defendant died in a traffic accident in 1988 as a taxi driver. At present, the Defendant’s mother is living together with the third son in Seoul. The Defendant’s mother is living in Seoul.

② After graduating from high school, the Defendant was assessed to the effect that he was not enrolled in the college. The Defendant’s family members had no record of committing any special misconduct at the time. However, the Defendant’s family members did not have committed any crime, but did so, he was good, and was strong, and the Defendant stated that he was in the character of not being able to participate in the army but did not attend the army. The Defendant was discharged from the military replacement service due to a catus.

③ On February 2, 2001, the Seoul High Court sentenced 4 years and six months of the suspension of execution to a violation of the Sexual Violence Punishment, etc. Act (special rape, etc.) at the Seoul High Court, the above judgment became final and conclusive on June 12, 2003, and sentenced 5 years of imprisonment to a violation of the Act on the Protection of Juveniles from Sexual Abuse (Juvenile Rape, etc.) at the Government District Court of the Republic of Korea on June 12, 2003. The above judgment became final and conclusive on June 12, 2003, and the above judgment became final and conclusive on June 12, 2003. On November 5, 2004, the Defendant was suspected of having been sentenced to imprisonment with prison labor at the Government District Court of the Republic of Korea on November 25, 2004.

On June 21, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act at night, deadly weapons, etc.) (a violation of a prison officer’s idea that a prison officer would injure himself/herself, a shower face, etc. is also an assaulted by another prison officer) at the Changwon District Court on September 12, 2012, and discharged him/her from prison after completion of the execution of each of the above punishment. On the other hand, on February 4, 2010, the Defendant was sentenced to a fine of one million won for defamation (a violation of a person in charge of food and drinking water by assisting a prison officer) at the Sungwon District Court’s sexual branch branch on February 4, 2010.

④ After release, the Defendant was sentenced to three years from the Daegu High Court on April 19, 2016 to the attachment order of a 'electronic device' issued by the Daegu High Court on April 19, 2016 and became final and conclusive as the Defendant was eligible for wearing the electronic device from April 14, 2014 to April 13, 2017.

According to the interview place with the probation officer at the time, while living in a prison, a prison officer was engaged in drinking or other sweaking so that he was sweed by drinking, and the probation officer was allowed to sweed and refused to sweed, and the probation officer was able to sweed up and sweed up the drinking water so that he was able to sweed and sweed up due to e-mail, and the entire organization of the public official was sweed or sweed by BK.

⑤ The Defendant, from the third year of high school, began to live independently of his parents. On September 12, 2012, the Defendant was living independently from his parents. After being released from the Ansan Prison, the Defendant was living together with his mother and her mother living in Daegu for one year together with her mother and her mother living in Seoul. However, the Defendant was able to live in Seoul, and the Defendant was able to live in Seoul, and the Defendant was able to live in Seoul, and the Defendant was able to reside in Seoul, Gangnam-gu C with her mother’s support. Thereafter, around October 15, 2016, the said AF’s recommendation led to a director of BL, who is the wife located in the place of residence of AF.

6) From the third year of high school, the Defendant issued a newspaper delivery to the KK Center after the dispatch, and the date of automobile maintenance. On September 12, 2012, the Defendant sent an essay in the essay form, stating the ultimate purpose, etc. of the Japanese government claiming the sovereignty of Dokdo, after the release from the Indong Prison, and sent it to the broadcasting station or published books independently, but failed to success.

From December 2, 2014 to May 2015, 2015, the work of 3 hours at the rice rice farm and 3 hours from May 2015, but later retired from work environment, which failed to adapt to the work environment, and the securities investment attempted to pay profits, but failed to do so. From May 2015, 200 to May 2015, 2007.

Accordingly, the Defendant requested the lessor of the existing residence in the above C to pay the lease deposit of KRW 700,000,000,000,000 in advance and deducted the remaining monthly rent from the deposit. On the other hand, upon requesting the head of the competent Gu/Si/Gun to provide the "emergency livelihood support" of KRW 410,000,000 for every three months, he/she was able to partially complete the cost of living by receiving the subsidy of KRW 4,10,000 for each three months. However, even after August 2016, the Defendant was unable to prepare more money in such a way.

⑦ 피고인이 이 사건 범행 전인 2016. 9.~10.경 자신의 SNS에 게시한 글에는, '경찰이 평소 나를 감시하고 있다', '경찰이 알바들을 동원해 칵튀작전7)을 벌이는 등 내가 폭행을 저지르도록 유도하고 있다", "부패친일경찰을 한 놈이라도 더 죽이고 가는 것이 내 목표다"라는 등의 내용이 있다.

B) Relation to victims

① A victim E (1949 students) is a person who succeeded to and operated from February 20, 2014, 'D real estate' that was introduced and arranged for a lease contract at the time of the Defendant's moving into Seoul Northern-gu C and 101 around February 15, 2014.

(2) The injured party J (1945 birth) has no special relationship with the accused.

③ The victim R(1962) was called back to the P to arrest the Defendant upon receiving a report of the crime of attempted murder to E and J as a police officer belonging to the Seoul Gangseo-gu Police Station.

A. The defendant was in place of a private gun and died. There is one spouse and one son as a bereaved family, and there is no way between the defendant and the other.

C) The motive for committing the crime

(1) Crimes against victims E

The defendant thought that he was a broker of his lease contract in the "D real estate", and asked the personnel affairs to him, but he did not receive personnel affairs properly because he was not influence with the defendant. On July 2015, when the defendant was living in without exchange with E, the conflict occurred due to the installation of electric measuring instruments for residential buildings, and around that time, the "public toilet installed in front of the defendant living in E was added to the defendant." The defendant thought that E is a "police that is a kind of secret with the police organization covered with a personal name and the police officer," and the defendant thought that E is a "police that is a kind of secret in Han speed," and that it was a "fluence" around October 17, 2016 to confirm whether the defendant was a secret police officer, but the defendant refused to take a serious explosion and caused the defendant to die, and therefore the defendant's death of the Enoopty due to extreme explosion.

(2) Crimes against the R of Victims

The defendant was punished for sexual assault crime in the past because the police was committed systematically in the hinterland, and thus, the police took a deep look at the police officers.In the past, the police officer considered him as a person of the same father such as the police officer who was punished for the defendant, and tried to kill the defendant when the defendant murdered E which the defendant judged as a secret police officer and escaped in the direction of F. In the past, the police officer considered him as a person of the same father who was punished for the defendant.

(d) the existence of advance plans, the degree of preparation, the means and methods;

(1) The extent of prior planning and preparation, including the manufacture of weapons to be used for committing crimes.

First of all, the Defendant thought that police officers belonging to the Speaker Police Station who investigated the Defendant into a sexual crime against him/her with a knife knife, purchased knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

(2) Specific means and methods of crime.

The Defendant predicted the victim’s movement route, and caused the Defendant to launch the ethic gun by cutting off the ethic gun by cutting off the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic.

E) Results of crime

(1) Crimes against victims E

The defendant suffered from injury, such as ‘influence of treatment days', in consideration of five times the head of ‘E' due to the decline, and ‘influence of treatment days'.

(2) Crimes against the Council of Victims

As above, the defendant was injured by the defendant's appearance of the J where only one out of the total eggs launched in order to kill E, and the J suffered injury, such as ‘the disguised tolerance that is accompanied by an unexploiting' dog during the treatment period.

(3) Crimes against theR of victims.

The Defendant launched the R in one of the above specifications, and as a result, R was killed as “the long-term damage to soil on the basis of the Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag.”

F) The circumstances after crimes

(1) After committing the crime against E, the Defendant: (a) destroyed e-mailed e-mail, which was worn as planned before and after committing the crime at a specific place; and (b) abandoned e-mailed e-mail in such place to make it difficult to track the Defendant.

② The Defendant concealed the body of the Defendant with easy escape and concealment forest, and made it difficult for police officers to know the exact location of the Defendant, and prepared the second crime by taking into account the police officers’ attitude and preparing the second crime.

③ Even if the J and R, etc., upon their own launch and launched, continued to have developed roads where the passage of the general public and vehicles is frequent by using private firearms, the Defendant’s response to the police officer’s arrival as soon as possible was necessary.

④ The Defendant, without breaking his mistake, is about the systematic harm of the police, and is about the lawful display of one’s own labor, and is entirely responsible for all of his responsibility.

⑤ The Defendant does not assert mental or physical disability in the trial of the court. Despite the repeated explanation given during the trial of the presiding judge, the Defendant still misleads the court to ex officio a sentence of medical treatment and custody without the prosecutor’s request. If the Defendant is recognized as a mental or physical disability and is subject to medical treatment and custody, the Defendant is likely to be subject to the application by the prison officer in the medical treatment and custody

G) The extent of the victims’ damage recovery was not recovered at all, and there is no evidence to deem that the Defendant was making efforts to recover the damage. The victim E and the J wanted to punish the Defendant. The victims’ bereaved families are suffering from the mental health situation, and are suffering from the difficulty of living, and are trying to punish the Defendant.

H) Possibility of recidivism

The result of the adult evaluation of the risk of recidivism against the defendant constitutes 15 points in total if the criminal facts are recognized as a result of the evaluation of the KORAS-G (KOTRAS-G), and it constitutes 13 points in total even if some items are excluded based on the defendant's statement, it constitutes 13 points in total. In addition, the result of the evaluation of the mental patients' selection scheme (PC-R8) evaluation shows that the risk of recidivism due to the qualitative characteristics of mental disorder falls under 21 points in total.

2) Determination

A) Considering the fact that the death penalty, which is premised on the premise of the legal principle, is a very cold punishment that deprives a human life of himself/herself of it, and that it is extremely exceptional punishment that can be presented by the dual judicial system of a life-sustaining country, the death penalty should be allowed only when there is an objective circumstance that can be justified in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, the death penalty should be determined by thoroughly examining all the following matters, including the offender’s age, occupation and experience, character and conduct, character and conduct, education degree, growth process, family relation, motive for the crime, degree of preparation, method and method of the crime, degree of importance of the result, the number of victims and damage assessment, the depth and attitude of the crime after the crime, whether the crime was committed, the degree of recidivism, and concerns about recidivism, etc., with the focus on the matters stipulated in Article 51 of the Criminal Act (see, e.g., Supreme Court Decision 2005Do27485, Apr. 27, 2005).

Meanwhile, since the enforcement of the death penalty in December 197, Korea, the Republic of Korea, as an international human rights organization, has not been sentenced to death penalty until now, and international Menety International, is classified as a country of de facto abolition of the death penalty. As seen above, persons who were sentenced to death penalty after the enforcement of the death penalty, and whose judgment became final and conclusive, are confined in detention house or prison without being sentenced to the death penalty. Since the death penalty is not a work or any other labor force, Article 153(1) of the Enforcement Rule of the Act on the Execution and Treatment of Correctional Institution Inmates provides that the work performed in the correctional institution may be imposed only when an application for work by death penalty is filed by the prison’s deliberation by the prison’s meeting. This provision is compared with the execution of work in the prison as a matter of principle by a person who has been sentenced to imprisonment for life more than the death penalty (Article 67 of the Criminal Act). Even if the execution of the death penalty and imprisonment for life differs in essence due to its seriousness, the execution of the death penalty by the Minister of the Justice’s order is not executed at any time (Article 263).

B) Determination

In our society, human life is the highest legal interest and the most dignity value of our society, and the act of infringing upon it is an absolute act, regardless of its reason, which is a serious crime, the defendant committed the murder by deceiving himself/herself, justify the crime of murder, and without any responsibility for the crime. The defendant plans to achieve the above purpose, and eventually led to the occurrence of considerable injury to the victim E/J, and the victim R left a serious mental shock, and the result of reducing the life that can not be replaced by what is the victim R has occurred. Nevertheless, the defendant is consistent with the attitude of imposing all responsibility to police officers by asserting that it is difficult until the court below and the court of the trial. When considering the attitude of the defendant, the investigative agency and the court of the trial, the court of the trial, and the court of the trial, in order to hold the police officers responsible for any practical difficulties, it is determined that all of these crimes are at a very same level disadvantageous to the defendant.

However, according to the result of the mental appraisal against the defendant, it seems that there is an abnormal disorder on the part of the defendant, and the reason and motive of the crime of this case are also the reason why the crime of this case was committed far away from the ordinary sense of ordinary people. It seems that the defendant is in need of self-esteem of his mental state and voluntary treatment in parallel with his life, and it seems to be true that it is true that the defendant actually closed, divided, and living together with the victims and their bereaved family members in mind as to what he committed during his remaining life outside of the wrong method of accident, such as the damage network, etc.

In full view of the above points and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is sufficiently recognized that there are circumstances to be isolated in society by being sentenced to imprisonment with prison labor without a fixed deadline, but it is difficult to readily conclude that there is a clear objective circumstance to recognize that the deprivation of the Defendant’s life by taking the Defendant into death penalty is justified.

Ultimately, we decide to sentence life imprisonment to the defendant, such as the court below.

The presiding judge, judge and assistant administrator;

Judges Kim Jong-soo

Judge Kang Jin-hun

1) The defendant's written statement, defense counsel's written statement, etc. submitted after the deadline for submitting the appellate brief shall be determined to the extent of supplement in case of appeal.

2) The body of a person who is in the state where the body of a person remains in the Republic of Korea and remains in the Republic of Korea is the body of a person in the Republic of Korea. On the other hand, the body of a person in the state where a person is in the body of a person in the Republic of Korea is the body of a person in the Republic of Korea

3) To reduce the number of 175,1772 below.

4) 탄환을 세워 바닥의 지름을 쟀을 경우 0.38인치, 즉 0.89㎝ 정도라는 의미이다.

5) It shall be written as follows: 639 Gong639.

6) Since the crime of attempted murder is the crime of homicide, spiting down 1/3 of the lower limit of the sentence, and 2/3 of the upper limit of the sentence (7) the spiting of spits is deemed to be part of spits around the Defendant in order to induce the use of the spiting case

8) The PC-R is developed to assess the characteristics of the PC-R with high risk of recidivism. The PC-R is to evaluate the core characteristics of 20 items of the chropis by referring to the anti-structured interview techniques and relevant records. If 25 points out of the total point 40 points are above 25 points, the PC-R is to classify them as "high risk of recidivism."