(영문) 서울중앙지방법원 2017.11.17. 선고 2017고합763 판결

A copy of a debit card issued by the National Bank of Korea (No. 4), a i-phone (fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor)

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Information on the accused shall be disclosed and notified through an information and communications network for ten years (Provided, That the summary of the sex offense disclosed and notified shall be limited to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the judgment of the court in 2017Gohap763

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 15 years.

Matters to be observed in the attached Form shall be imposed on the person requested to attach an attachment order.

Reasons

Criminal facts and the facts constituting the attachment order

"2017Gohap763"

【Institution of Sanctions】

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) had been in an economically difficult situation for two years, such as having caused approximately six million won cards and damages to the said victim while living, etc. Around May 2017, the Do BJ, ad BJ, had taken care of the camb video of the cambling procedure conducted at the camsing shop operated by the victim C (hereinafter the age of 30). The Defendant reported in the cam image that the victim, who was a female caming procedure, was operating the cambling shop without any other employee, by reporting that the victim, who was a female caming procedure, was operating the cambling shop at the cambling shop without any other employee, and led the victim C to scambling the said victim as a knife at the cambing shop of the victim C, and to kill him with the said victim by taking off money from the said victim and committing rape

On June 9, 2017, the Defendant searched the Victim C’s name at the Internet site, and identified the Internet car page opened by the Victim C for the purpose of reservation and publicity for the Washington shop, and found out the FID used by the said Victim for the purpose of reservation and use for the Washington shop, and identified the said Victim’s name.

On July 3, 2017, the Defendant continued to contact the Victim C FID with the Victim CFID on July 5, 2017, and promised to conduct the Waming on July 5, 2017. On the following day, the Defendant purchased one knife and two blue tapes to be used for committing the crime in respect of the horse and convenience near the Defendant’s residence.

【Criminal Facts】

On July 5, 2017, at around 20:21, the Defendant found the customer at the singing shop in Gangnam-gu Seoul, Seoul, by pretending to the customer, and received the singing procedure from the said victim over about 40 minutes, and then, the Defendant: (a) found the knife (the 33cc in total length, the 20cn1 in length on the day) prepared by the victim C using the sing in advance to arrange the singing procedure and the table; and (b) found the knife of the said victim’s right part less than the back part of the victim’s right side with the knife, such as the victim C, at one time.

The defendant, after fiffing the knife victim C into the floor by fasting the knife, wanted the above victim to get the knife and take the knife money, had the victim C knife with knife and knife the above victim C with knife, knife the knife and knife the knife prepared so as to prevent the victim C from sound or sound, and prevented the victim from resisting against it.

After that, the defendant found the mobile phones and bags owned by the above victim and found the cellular phone and bags on the knishing shop operated by the victim C, and found the secret number of the cell phone and the cell phone by making the same words to the victim C, who is faced by the victim C, without informing the victim C of the secret number of the cell phone and the cellular phone.

The Defendant continued to drink with a mind to rape the victim C, and laid down the body of the said victim on a food knife, which was cited by the victim C, on the floor, and laid off the panty with tear and hand, and attempted to have a sexual intercourse by inserting the finger hand of the said victim’s sex, but attempted to have a sexual intercourse with the victim C, with the awareness that the victim C is in her birth, with a view to rape.

그 후 피고인은 샤워실에 들어가 몸에 묻은 피를 씻은 다음, 피해자 C이 그 떄까지 살아서 움직이고 있는 것을 발견하고 위 피해자를 완전히 살해하기로 마음먹고 왁싱샵에 비치된 가운과 겨울용 담요를 가지고 와 각각 피해자 C의 몸과 얼굴을 덮은 후, 왼손으로 위 피해자의 얼굴을 눌러 고정시키고, 오른손에 든 식칼로 위 피해자의 목 부위를 2회 깊숙이 찔러 그 무렵 피해자 C으로 하여금 경부정맥절단에 의한 과다출혈 및 기도절단에 의한 기흉 등으로 사망하게 하여 살해하였다.

Accordingly, the defendant forcibly taken the victim C's property, attempted to rape the victim, and murdered C.

“2017 Highest 1021

On April 16, 2017, the Defendant posted a false statement that “I sell 100,000 won to the Japanese online game camera,” with access to “T” at the Defendant’s residence located in Guro-gu Seoul, Guro-gu, Seoul, and then sent KRW 100,000 to the victim J who reported and contacted the above writing. However, the Defendant was unable to access an overseas server due to the expiration of the period for using the overseas server, and even if I received money from the victim J, I did not have the intent or ability to transfer the online game items.

Nevertheless, the Defendant was transferred KRW 100,000 from the victim J on the same day to the company bank account (Account Number K) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim J.

" 2017. 26"

Defendant, as indicated in the facts constituting a crime of homicide No. 2017.763, is likely to recommit the murder crime.

Summary of Evidence 2017Gohap763

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Investigation report (related to the victim's beauty business place's beauty business book), investigation report (related to the collection details of national cards taken by the A), investigation report (related to field photographs), investigation report (related to the confirmation of the purchase place of criminal conduct knife and hearing tape), investigation report (related to the confirmation of the ATM period withdrawn in cash using the dnife card), investigation report (related to the confirmation of the ATM period withdrawn in cash using the dnife card), inspection report, and prosecution invoice ( replys on the results of

1. Each protocol of seizure and each list of seizure;

1. Results of autopsy, results of autopsy appraisal;

1. Four copies of the crime tools (knife photograph), seized objects photograph, site identification photograph, ATM withdrawn photograph, photographic photograph prior to and after the criminal suspect's crime, images purchased by the criminal tools, on-site verification images, and photograph CDs;

2017 Gohap1021

1. Defendant's legal statement;

1. Written statements prepared by the J;

1. Details of the results of the transfer, and the F message;

In full view of the following circumstances acknowledged by the records of the instant case, such as the evidence 2017 Jeon-Ba26 above, a prior investigation report on claims, and a multi-area personal examination result table, and the Defendant’s age, environment, motive, method, social ties, etc., it is recognized that the Defendant is likely to recommit the murder crime.

① As the Defendant and the victim C did not know at all before the commission of the crime, the Defendant reported the Pib video, set the victim as an object of the crime, made a promise to take the clishing service, prepared the knife (20cm in length, 33cm in length), which is a deadly weapon, and murdered the said victim with a knife knife prepared in advance even though the said victim did not bring any particular resistance during the commission of the crime. This shows that the Defendant had an attitude to flife considerable violent inclination and life.

② The Defendant, in knife, has completely suppressioned the back part of the above victim’s knife with knife, and found the body card and mobile phone to the password, and tried to rape the above victim again, and then murdered twice the part of the above victim’s knife so far. In light of this, the Defendant had a firm intent to kill the above victim, and transferred to its execution.

③ The result of the adult recidivism risk assessment of the Defendant was 7 points in total, and 8 points in total, the risk assessment of the Korean sex offender at the risk assessment tool (KSAS). However, as a result of the evaluation of the selection scheme (PC-R), the risk of recidivism at the level of 25 points in total was 25 points in total, and the risk of recidivism at the Seoul Southern and Southern Probation Office was 30 points in total.

Application of Statutes

1. Article applicable to criminal facts;

Article 9(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 300 and 297 of the Criminal Act, Article 338 of the Criminal Act, Article 347(1) of the Criminal Act (Fraud)

1. Commercial competition;

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

1. Selection of punishment;

In regard to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, life imprisonment and imprisonment with prison labor for fraud shall be chosen.

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 (No other punishment shall be imposed, since a person selects a punishment for life for a crime of the largest punishment and crime in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof) of the Criminal Act

1. Confiscation;

Article 48(1)1 of the Criminal Act

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. To order the disclosure and notification of registered information;

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Where a conviction becomes final and conclusive with respect to a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is subject to the registration of personal information and the obligation to submit a report under Articles 9 (1) 1, 5 (3), and 9-2 (1) 1 and 3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed, the defendant falls under a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant falls under a person subject to registration of personal information pursuant to Article 43 of the same Act,

Reasons for sentencing

1. Scope of applicable sentences: Imprisonment for life;

2. Scope of recommendations according to the sentencing criteria;

Since there is a crime of commercial competition, the sentencing criteria do not apply.

3. Determination of sentence;

The life of a person is so heavy that it can not be altered, and in any case, it is an absolute value that should be protected, and the murder crime that may not be taken for any reason is a serious crime that may not be taken. The Defendant intentionally accessed the victim C who operates the Winging shop for the mixed person, leading the victim who is scambling within the scope of the customer, and led the above victim who is scam knife in a knife. The Defendant got off his clothes so that the above victim cannot be taken out. The Defendant scam out, knife the clothes of the victim, knife the victim's body, knife the victim's body, and knife the victim C was found to live after the victim C was found to have been living. After that, the Defendant scam back the victim's cell phone and completed the search of the victim's cell phone by taking advantage of the victim's cell phone.

At the time of the crime, the victim C, who was under 30 years of age at the time of the crime, was able to live in good faith while operating the mixed-child scam, and was living in secret due to the Defendant. The victim’s family members and relatives are suffering from serious mental impulses and pains due to this case, and the victim C, who was under 30 years of age at the time of the crime, was able to live with the pain and aftermath that cannot be able to live in the future.

Even when considering the fact that the Defendant has led to the confession of all of the instant crimes, and the fact that the Defendant has grown in an uncertain environment as a factor for sentencing favorable to the Defendant, considering the degree of the Defendant’s cruel crime and the degree of responsibility for such crime, as well as the Defendant’s age, character and conduct, criminal records, environment, family relationship, motive of the crime, means and consequence of the crime, etc., comprehensively taking into account all of the factors for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, criminal records, family relationship, motive of the crime, circumstances after the crime, etc., it is reasonable to determine that it is reasonable to allow the Defendant to participate in his mistake in the future

Judges

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han

Note tin

1) The indictment shall be corrected as above to the extent that it does not infringe the defendant’s right of defense in light of the entries in the seizure protocol, etc., although written in 22 cm.