2016Gohap229 homicide, dead bodies

2016. Attachment orders (Joint)

2016 early 1381 (Joint Probation Order) Probation Order

A person whose attachment order is requested, or a person whose probation order is requested;

Jeon○○ (68 - 1), stacks

Residential Seo-gu Incheon single-ro

○○ in the case of permanent domicile

Choi Chang-ho (Public Prosecution), for profit, and for gambling (Public trial)

Attorney Park Jong-young (Korean National Assembly)

July 7, 2016

A defendant shall be punished by imprisonment for 18 years.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Criminal facts and the facts constituting the attachment order

[Criminal Facts]

1. homicide;

On February 27, 2016, the defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter referred to as "defendants"): around 01:0 on February 27, 2016: around 00, the injured ○○○ (n, 45 years of age) who initially sing and singing together for about 2 hours at ○○○○○ (n, n, n, n, e) located in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon. The same day: around 00: around 00, the injured party decided to pay KRW 20,000 while communicating the Defendant’s mobile phone and engage in sexual traffic with the victim; around the same day, around 04:17, the injured party sing at ○○○○○, located in Seo-gu, Incheon.

On February 27, 2016: (a) the Defendant paid 200,000 won in cash to the victim; (b) 06:0 on the same day by pressure from the victim, and from TV installed at the same time, the Defendant attempted to engage in a sexual intercourse with the victim around 06:0 on the same day; (c) the victim demanded that the victim be cherbly ped; and (d) the victim was able to have his sexual organ fasted several times; and (e) 20,000 won should be given in return for the rapid birth of the Defendant’s sexual organ. The victim tried to have his sexual organ fasted. The bitch bitch son is called “the victim,” and the Defendant took a bath at the victim’s end. The Defendant tried to kill the victim by taking the horses as above, she was able to do so by taking the victim’s finger at the victim’s hand, and then she was able to do so by taking the victim’s finger at the victim’s hand.

Ultimately, the Defendant murdered the victim.

2. Abandonment of a dead body.

The defendant killed the victim as stated in paragraph (1) and committed his crime with his mind to abandon the body of the victim.

On February 27, 2016: around 30: 06: Around 30, the Defendant laid the body of the victim into the shoulder at the location described in paragraph (1) and laid the body in the cargo space for delivery of the cargo vehicle for delivery, Incheon 82.f., which was parked on the front of the above Moel, owned by the Defendant, and was parked in the front of the above Moel, and around 07:0 on the same day, the body was collected from the road on the 805 road as in the middle-west Incheon, Seo-gu, Seo-gu, Incheon. On the same day, the body was stored in the plastic box on the same day after the completion of the work at 23:00 on the same day while the Defendant was kept in the said plastic box, and was driving the said plastic vehicle on the same day, and was residing in the place of his mother at around 00, and was permanently known to the Defendant at ○○○.

On February 28, 2016: around 30: Around 30, the Defendant driven a cargo vehicle and attached it to ○○○○ at the time of permanently staying, and then laid the body within a concrete material form in the original form of a concrete substance buried adjacent to the road ( approximately 6 meters in length).

After all, the defendant abandons the body of the victim.

【Fact of Grounds for Attachment Orders】

In light of the method of the crime and the circumstances after the crime, etc., the Defendant, who committed the crime of murder as above, murdered a victim who had no awareness of being aware of, or committed a murder again.

Summary of Evidence

【Criminal Facts】

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement about ○○○, Lee ○, Lee ○, Lee ○, and yellow ○

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

1. A written autopsy and appraisal report, a written autopsy and a written result of autopsy, and a written report on the request for each appraisal, a written report on the results of on-site inspection (net inspection);

138)

1. Each investigation report (the confirmation of CCTV CCTV, suspect's criminal investigation, guidance for and confirmation of a place where the body is abandoned, and the body;

Confirmation of the place of abandonment, attaching photographs of the victim’s incinerated possession, and electric wires used as criminal deadly weapons;

person, the bereaved family member of the victim, the victim's family member, the victim's ○○ telephone statement hearing report, and accompanying materials.

1. Each report on internal investigation (the investigation of CCTV into ○○ MoMoel, the comprehensive ○○ MoMoel CCTV, the analysis of black boxes, and blacks;

The analysis of stuffs and CCTVs and data attached thereto.

【Risk of Reoffending】

As a result of each of the above evidence and crime analysis, it is acknowledged that the following circumstances, which are acknowledged by the inquiry report on criminal records, the investigation prior to the request, etc., (i) the Defendant had three criminal records of violence including robbery, and (ii) the Defendant’s family and society lack support system, and (iii) the Defendant has been able to have a wide range without any awareness of the issue due to drinking, and even in this case, the Defendant was killed with the victim who did not have a way to walk out with the electric wire without attending the instant time when drinking. (iv) In full view of the following circumstances, the Defendant killed the victim and carried the victim’s body into the vehicle at his own home without any awareness of the above crime, and abandoned the victim’s body at a place located far away from the scene of the crime, and other circumstances, including the Defendant’s age, character and behavior, family environment, etc., it is recognized that there is a danger of preventing the Defendant from committing murder again.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 250(1) of the Criminal Act (the purpose of murder, the choice of limited imprisonment) and Article 161(1) of the Criminal Act (the abandonment of the dead body; 1. Aggravation of concurrent crimes)

Article 37 (Punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 (Punishment heavier Punishment)

to the extent that the long-term punishment of the above two crimes is added;

1. Orders to attach electronic devices;

Article 5(3) and 9 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

the main sentence of paragraph (1) 1

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for not less than five years nor more than thirty seven years; and

2. Application of the sentencing criteria;

【Determination of Type】

Type 2 of Murder>

【Determination of the Place of Recommendation】

Basic Area

[Scope of Recommendation Form]

Above 10 up to 16 years of imprisonment;

【General Adopteds】

-Aggravation: Abandonment of dead bodies

[Standards for Dealing with Multiple Crimes]

Since the sentencing guideline is not set for the crime of abandonment of a dead body, the sentencing is limited to the lowest limit.

set forth in the standard

3. Determination of sentence: 18 years of imprisonment; and

On February 27, 2016, the day when the instant crime was committed, the Defendant decided to engage in commercial sex acts with the victim first met at the singing room, and entered the telecom with the victim. However, the Defendant, while doing sexual intercourse at the above telecom, had the victim talked with the victim during the process of doing the sexual intercourse, and had the idea of disregarding from the victim during the above telecom, the Defendant committed an act of killing the victim by provokinging the electric cable of the electric board, which was used in the above telecom with the above telecom, on the front side of the victim’s neck, and making it difficult for the Defendant to do so so so, even if he continued to listen to the above telecom, and made it difficult for the Defendant to kill part of the victim, and made it difficult for the Defendant to do so.

As such, the Defendant was able to kill the victim, and immediately after being in the process of committing the crime. In the process of sexual intercourse, the victim was off his clothes, and the victim took off all his clothes to the victim’s body, and the victim’s personal belongings, such as the victim’s shots, bags, and wallets, etc. have taken place. Since then, as the Defendant was going to start the business of cutting down the victim’s body, the Defendant laid off the victim’s body to the Defendant’s cell line, went out of the her cell line, laid the victim’s body to the Defendant’s cell line, and laid down the victim’s body to put the body into the plastic gambling box located in the front line of the Defendant’s home line, while driving the said stack in the Seo-gu Incheon Metropolitan City region from night to night.

택배 업무 종료 후 피고인은 피해자의 사체를 유기하기 위하여 위 택배 차량을 경 상북도에 있는 상주시 ○○면까지 운전하여 갔고 , 그곳에 있는 피고인 모친의 집에서 마침 깨어 있던 모친을 마주치자 " 갑자기 보고 싶어서 왔다 " 고 둘러댔다 . 그 후 피고인 은 모친의 집에서 잠시 잠을 자다가 일어나서 위 집으로부터 약 1km 떨어진 도로 옆 에 풀숲으로 덮여 눈에 잘 띄지 않는 농수로가 있는 것을 보고 그 농수로에 매립된 콘 크리트 재질 원형 관 안에 사체를 집어넣기로 결심하였다 . 피고인은 피해자의 사체가 발견되면 신원이 밝혀질 것을 우려하여 , 위 모텔을 무사히 빠져나가기 위해 옷을 입혀 둔 피해자의 사체에서 다시 속옷까지 모두 벗긴 다음 사체를 웅크리게 하여 위 콘크리 트 원형 관 안에 깊숙하게 집어 넣었으며 , 피해자로부터 벗긴 위 옷과 립스틱 , 가방 , 지 갑 등 피해자의 소지품을 한데 모아 인근의 쓰레기 소각용 드럼통에 넣고 불을 붙여 소각하였다 .

Since then, the Defendant did not reveal one’s criminal act as seen above, leading to the birth of the victim as usual. On March 13, 2016, the first police investigation: (a) even though the victim was missing and the Defendant discovered the telephone record between the victim and the Defendant, the Defendant denied the criminal act to the effect that “it does not know that there was no fact that the victim was living; and (b) the telephone record remains why the Defendant would remain. Furthermore, even though the Defendant was arrested on March 21, 2016, until the same day, it was arrested on the same day, “the Defendant killed the victim at the time with the victim at the time of the time of the death of the victim; (c) the victim was frightened; and (d) the Defendant made a confession to the effect that the victim was killed on the part of the victim; and (d) the Defendant made a statement to the effect that “the victim was killed on the part of the victim outside the above her parking lot, making the victim s/her body known to the effect that the victim was dead.

The injured party was born in 1970 as a ship's husband and was adopted at another house after his parents died, and was married to her 18 year ago with her husband and her her 1999 and her her her son and her son and her son were born in 2007. However, on the ground that the injured party was neglected by her her son and the mother of her son, the injured party was deprived of her son's life.

In order to avoid murder, the body of the victim was abandoned in the state of the victim’s death. Accordingly, the Defendant was aware of a wound that was difficult to cope with the victim’s bereaved family members, and did not receive any tolerance from the bereaved family members up to now. Such circumstances include the Defendant’s age, character, conduct and family environment, and all sentencing factors as shown in the instant records and arguments, such as the Defendant’s age, character and conduct, and family environment, shall be determined as ordered.

Judge Long-term Judge;

Judge Lee Lee-soo

Judges Kim Jong-tae