2013Gohap83, 2014Gohap24, 55 (Joint), 74 (Joint), 447 (Joint)

The injury by robbery, special robbery, and robbery (the name of a recognized crime: Death by robbery)

2014, 23, 2015, 4,000,000

Claimant

A

Newly Inserted by Presidential Decree No. 2010, Jan. 1, 201>

Attorney B (Korean National Assembly)

October 16, 2015

A defendant shall be punished by imprisonment for twenty-five years.

With respect to cases 2015, the case shall be subject to an order to attach an electronic tracking device for 20 years to the person requested to attach an electronic device, and matters to be observed as stated in the attached Form shall be imposed

The request for an attachment order concerning the case 2014 and 23 shall be dismissed.

Facts constituting a crime and the facts constituting the cause of the request for attachment order 2013,183

1. Crimes with C, D, or E;

(a) Crimes against victim F;

피고인 겸 피부착명령청구자(이하 '피고인'이라 한다), C, D, E은 피해자 F(24세)가 인터넷 카페 'G에 필리핀 여행을 간다는 글과 함께 휴대전화 번호를 게시한 것을 보고, C은 'H'라는 가명으로 피해자에게 연락하여 "필리핀 여행을 같이 하자, 세부 시내에서 만나 관광을 하고 다음날 낚시 투어를 하자"라고 안심시킨 다음 2011. 4. 1. 21:00경 필리핀 막탄시에 있는 상호불상의 주점에서 피해자를 만나 "주점 사장이 차로 데려다 줄 것이다"라며 피해자를 피고인이 운전하는 번호불상의 차량 뒷좌석에 태운 후 자신은 그 옆에 앉고, 피고인은 위 차량을 운전하여 이동하였다. 피고인, C은 필리핀 막탄시 이하 불상지에 있는 주택으로 피해자를 데리고 간 다음 그곳에 기다리고 있던 D은 정글도(총길이 약 70㎝)로 피해자의 머리 부위를 수회 때리고, 피해자의 뒷목을 잡아 방안으로 밀치면서 발로 옆구리를 걷어차고, E은 정글도(총 길이 약 30cm)를 들고 피해자를 위협하고, 피해자로 하여금 팬티만 남기고 옷을 모두 벗게 한 다음 테이프로 피해자의 눈을 가리고, 양팔목과 양발목을 쇠사슬로 감아 자물쇠를 잠그고 무릎을 꿇게 한 후 피고인은 피해자에게 "뭐 하는 놈이냐, 우리가 너를 납치한 것이다, 5억 원을 주면 살려주고 그렇지 않으면 죽인다"라고 협박하여 피해자로 하여금 현대스위스은행에서 400만 원, 웰컴크레딧뱅크에서 300만 원, 애니원캐피탈 동양증권에서 200만 원을 각각 대출받게 하고, 국민카드를 이용하여 1,100,948원의 현금서비스를 받게 하고, 피해자의 모친에게 "배를 운전하다가 사고가 나서 합의금이 필요하다"고 말하게 하여 2,900만 원을 송금받게 하고, 쌍용자동차 주식 1,300만 원 상당을 매도하게 하는 등으로 돈을 마련하게 한 후 성명불상의 필리핀 여성이 위와 같이 마련된 52,100,947원 상당을 인출하였다.

As such, the Defendant took a deadly weapon with C, etc. to suppress the victim’s resistance, and strong amounting to KRW 52,100,947, which is the sum of money and valuables owned by the victim. (b) The Defendant, C, D, and E had the victim (the age of 32) left the way to travel on the Internet Baber Internet (hereinafter referred to as “the Round”) to leave the way to travel, and C had the victim enter the said Kaf by using Badi, “J” and then wanted to play a water play from May 15, 19, and had the victim enter the said Kaf for four (4) years after the victim’s access to the said Kaf. The Defendant agreed to have the victim enter the 10th day after the arrival of the Baf. The Defendant sent the 20th day after the arrival of the Haf, H, Hafing, and Hafing the vehicle to the extent that he had the victim on board the 1st day after his entrance in the 30th day.

Defendant et al., while moving to a vehicle with the victim as above, transported the knife to E, and transported the victim’s knife “Swelve”, “E in knife knife the victim’s face,” “D shall take knife the victim’s knife at one time, and hear the victim’s knife at one time, and knife the victim’s knife at one time, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif knif knif k.).

As a result, the Defendant carried with C, etc. with deadly weapons, and took money and valuables worth KRW 23 million from the victim.

2. Crimes with C and E;

A. The Defendant, C, and E posted a letter that the victim L(the age of 21) was traveling to the Internet Kapet, “G” in detail, and C sent a letter that the victim L(the age of 21) was traveling to the Republic of Korea. After having contacted the victim, “A, like a trip,” the victim was traveling to the Republic of Korea in detail within the territory of the Philippines, and she became aware of the victim’s interview, tourism with the victim within the territory of the Philippines, etc. at around April 20, 15:00, “M building in the territory of the Republic of Korea, at around 15:00, “AM building in the territory of the Republic of Korea, where the president operating the doping is going to the victim,” and “A building in the territory of the Republic of Korea, where the Defendant was driving, the victim was laid to the back seat of the vehicle on which the

The defendant, C, a house in a place not exceeding 1,00 in the Republic of Korea of the Philippines, moving the victim to a house, and the defendant was arrested, "the victim was arrested," and the defendant was waiting to do so, "E means "I are able to do so, brudly and soon," and "I are able to do so," and "I are able to take her clothes by drinking," and "I are able to take her clothes with the victim's clothes remaining in panty only, and he is off her clothes, and she was locked with the victim's eye locked with a lock and locking her eye, and the victim was able to take 10,000 won 10,000 won ,00 won 10,000 won , 70,000 won 20,000 won , 30,000 won , 30,000 won , 40,000 won ,00 won ,00.

As can be seen, the Defendant, carrying with C, etc. with lethal weapons, forced 23,293,931 won in total for the victim’s money and valuables. (b) The Defendant, C, and E, with the victim’s 31 years old, posted an article on the Internet car page 0 to the victim who wishes to communicate with the victim. C, with the victim’s detailed travel on the same day, allowed the victim to travel in the city with the victim’s 3rd 4 days off, with the victim’s money and valuables 5 days away from the victim’s money and valuables 6 days away from the victim’s money and valuables 5 days away from the victim’s 6th shot, with the victim’s money and valuables 40 days away from the victim’s money and the victim’s 5th shot, and then, the Defendant was aware of the victim’s money and valuables 5 days away from the victim’s money and 5th shot off from the victim’s money and 5th shot off from the victim’s.

3. Crimes in Qua, C, D, and E;

A. On July 12, 2011, Defendant C posted a letter “On the Internet Carbook” to “Swebing a mixed tour.” On the same day, Defendant C promised to talk with the victim R(31 years of age) and the Republic of Korea on the part of the Philippines, which had been contacted. On July 12, 2011, Defendant D and Q promised to talk with the victim on the part of the Republic of Korea. Around July 18, 201, Defendant C attempted to talk with the victim on the part of the Republic of Korea (hereinafter “Swebing”).

Since then on July 13, 201, Q and D returned the victim to drink 19:0 on a good place after drinking it, and explained, and thereafter C was on board with the victim's vehicle driven on the road of the S building located in the Switzerland. Since then C told the victim that "I am fright at good time, I am involved", Q was frighted with the victim's head at home and frighted with the victim's head on the floor, cut off the victim's head on the victim's fright, cut off the victim's head on 0: 1.5 billion won on a cable, cut off the victim's head on 10 billion won, and cut off the victim's face from 10 billion won on the victim's face to 10.7 billion won on the victim's 1.5 billion won on the part, Q moved back to 15 billion won on the victim's face.

B. The Defendant, C, Q, D, and E sent his cell phone number to the Internet KabU, with the language that the victim T (the age of 27) was traveling between the Republic of Korea, and they became aware of the victim, including: (a) contact the victim; (b) contact the victim; (c) contact the victim with the victim; (d) contact the victim with the victim within the territory of the Philippines; and (e) promising the victim to travel in the city; and (e) promising the next detailed tourism. After July 27, 201, E, at the "Detailed Gaban Airport" located in the territory of the Republic of Korea, "the victim was released from the seat of the Republic of Korea," and "the victim was released from the front seat of the vehicle driven by C," and "the victim was released to the victim with the front seat of the Kaban," and "the victim was released to the victim with the front seat of the Kaban in the Republic of Korea, without the victim's labing machine."

The defendant et al. had a 7 million won loan from a new bank, get a 596,503 won cash service, get a 10 million won loan from a modern card, get a 2,217,816 won cash service, get a 9 million won loan from Samsung Card, get a 795,973 won cash service from the Samsung Card, withdraw it from the cash payment machine located in the place where the victim was not located in the Philippines. Furthermore, the defendant et al. deducted 60,210,292 won from the total amount of 30,210,292 won. Accordingly, the defendant et al. took the 30,210,292 won by carrying a deadly weapon with C et al. and force the victim jointly with the deadly weapons.

1. 피해자 V에 대한 범행 피고인, C, Q, W는 2008. 11.경 피해자 V(38세)이 인터넷 사이트에 필리핀 현지 여성을 소개시켜 달라는 쪽지를 남긴 것을 보고, 2008. 11. 24. Q은 피해자에게 연락하여 '치과의사인 처제를 소개시켜 주겠다'라고 안심시킨 다음 C과 함께 같은 달 25. 필리핀 메트로마닐라 퀘죤시티에 있는 X 커피숍에서 피해자를 만나 미리 준비한 번호불상의 승합차에 승차시킨 후 Q은 피해자 옆에 타고 C은 운전을 하여 W가 대기하고 있던 주택으로 진행하였다. 그러던 중 Q은 피해자에게 필리핀에서 무역업을 하는 사람이 있는 데 그 사람이 처제가 근무하는 병원에 치료를 받으러 간다 하니 같이 가자며 불상지에서 미리 대기하고 있던 피고인을 위 승합차의 조수석에 승차시킨 후 약 5분가량 진행한 다음 인적이 드문 곳에 이르자, 피고인은 미리 준비해 둔 흉기인 권총을 피해자의 머리에 가져다 대고 "야, 씹할 놈아, 너 필리핀에 죽으러 왔지"라고 욕을 하며 협박하고, 옆에 있던 Q은 "개새끼야 머리 쳐 박아"라고 소리 지르며 피해자의 머리를 눌러 고개를 들지 못하게 한 상태에서, Q은 피해자의 양손에 미리 준비해 두었던 수갑을 채우고 청테이프로 눈을 가린 다음 피해자의 바지주머니를 뒤져 피해자 소유인 현금 약 25만 원, 신한은행 비자카드, 국민은행 현금카드, 씨티은행 현금카드, 우리은행 현금카드 각 1개 등이 들어있는 지갑 1개 및 휴대전화 1대를 빼앗은 후 번지 불상의 2층 주택으로 피해자를 데리고 갔다. 이후 Q은 피해자의 머리에 권총을 들이대고 5억 원을 마련하지 않으면 죽이겠다고 협박하고, 피고인은 한국에 있는 누나에게 교통사고 합의금 명목으로 돈이 필요하니 돈을 송금시켜 달라는 취지로 전화하라며 C, Q 등과 피해자의 전신을 마구 때리는 등 반항을 억압한 다음 위 국민은행 현금카드로 185만 원, 씨티은행 현금카드로 350만 원 상당을 각 인출하고, 피해자 소유인 시가 36만 원 상당의 전자사전 1개를 빼앗았다. 이와 같이 피고인은 C 등과 흉기를 휴대하고 합동하여 피해자를 폭행, 협박함으로써 피해자의 반항을 억압하고, 피해자 소유의 금품 등 합계 약 596만 원 상당을 강취하였다.

2. On or after 1.08, the Defendant: (a) sent 40 billion won to the victim’s 5-year-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-Term-long-Term-long-Term-long-Term-Term-long-Term-long-Term-long-Term-long-Term-long-Term-long-Term-Term-long-Term-long-Term-Term-Term-long-Term-long-Term-Term--Term-Term-Term-Term-long-Term-long-Term-

As such, the Defendant, while carrying with C, etc. a deadly weapon and assaulted and threatened the victim to suppress the victim’s resistance, and forcibly took a total of KRW 71,807,712, such as money and valuables owned by the victim.

3. On November 201, 2010, the Defendant, C, D, and E sent a letter to the effect that the Victim AB (the age of 30) was taking advantage of the Defendant, C, C, D, and E’s attempt to introduce himself/herself to AD, “I will give him/her guidance on night culture,” and they sent him/her to the victim and the Philippines. After that, the Defendant introduced the Victim to E as AD, at around 15:00 on November 7, 2010, the Defendant sent him/her to E, who acted in the same manner as AD and instructed him/her to take a visit to the said AD and act as ID as the victim did.

E, around 17:00 on November 8, 2010, around 17:10, at the hotelro, the victim was flicked with about 10 minutes, and the victim was flicked with his clothes inside the Philippines. The defendant, C, and D induced the victim into a flick place, and then flicked him, walked with the victim with a deadly weapon, walked with him, and threaten him, walked with the front tape and flicks with the victim, "I am flick," and "I am flick," and "I am flick with the victim's body," "I am flick with the victim's body," "I am flick with the victim's body," "I amfl with the victim's body," and "I amflish with the victim's body," and "I amflish with the bit of bit."

Since then, the Defendant called the victim to a workplace partner in Korea, and requested the victim to send a security card number used for electronic financial transactions in the bank account in the name of the victim to the mail. After the Defendant made an authorized certificate using the above security card number, the Defendant threatened the victim to “making money by any means other than KRW 7.9 million in four card loan,” thereby allowing the victim to receive five million won from her pro-Japanese, from her mother, 5 million from her mother, from her child, and 25 million from her mother.

As such, the Defendant, carrying with C, etc. with deadly weapons, forced the victim to suppress 10,290,000 won in total, by assaulting and threatening the victim.1) “The Defendant, C.D., who wishes to travel to the Republic of Korea, was urged to force the victim to take money and other valuables. At around 00:45 on Nov. 9, 2010, C, at 10:0 Macro Gac “On the Internet Bac”. At around 10:0, 1:00, 1:00 Macro chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip 36: The victim, who reported the above writing, shall start with C 1:00 Macro, 2010 to 21:10,010.

D. From 14:00 on November 23, 2010 to 14: 14:00, the Defendant: from 200, 100 to 200, 2000 won of the Victim's Madro 100 to Madro 200, and the Defendant waiting Madro Madro 200 to Madro 100,000, 200 won of the Victim's Madro 200, 300,000 won of the Victim's Madro 20,000 to 6:0,000 won of the Victim's Madro 1,000, 200,000 won of the Victim's Madro 2, 1,000,000 won of the Victim's Madro 2, 2,000,000 won of the Victim's Madro 2, and 1,00,00,00.

At around 11:30 on March 1, 201, the Defendant approaching the victim AJ (year 27) who entered the airport Mana Airport of the Philippines to provide tourist guidance and accommodation to the vehicle driven by the Defendant, leaving the vehicle in which the Defendant was driving, leaving the vehicle in which the Defendant was driving, leaving the victim into the building in the maro, leaving the building in the maro, leaving the vehicle in advance, leaving the vehicle in the Maro, leaving the vehicle in the Maro, leaving the vehicle in the Maro, leaving the vehicle, leaving the vehicle in the Maro, leaving the vehicle, leaving the vehicle in the Maro, leaving the vehicle, leaving the vehicle, leaving the vehicle, leaving the vehicle, leaving the vehicle, leaving the vehicle, leaving the vehicle, and breaking the victim to the wall, and putting the victim into the wall by assaulting the victim by drinking and launching the gas so that the victim does not escape.

After that day, the defendant et al. obtained credit card, passbook, U.S. non-authorized certificate from the victim at the same place at the same time with violence and intimidation as mentioned above, obtained a credit card, passbook, etc. from the victim at the suppression of resistance, obtained a password of 16:48 on the same day, and withdrawn the credit card loan of 1.8 million won. On March 2, 2011, the defendant et al. obtained a credit card loan of 1,80,000 won from 16:48 on the same day. On March 2, 2011, the victim got the victim to make a false statement of the victim's friendship and family members in need of agreement, and the victim at the suppression of resistance was forced to receive 4.8 million won from MaK and Dong G from 14:11 on the same day, and forcibly received 15:02 on the same day from the above AK around the same day.

As a result, the defendant carried with C, etc. with deadly weapons, and took a total of KRW 21.6 million from the victim.

2014Gohap472)

The Defendant committed robbery three times from December 2, 2006 to January 2007 with Q and Q and Q and Q, etc., committed robbery. From October 2006 to December 2006, Q and Q and C, the Defendant entered the country, along with Q and Q and C, and committed a crime of threatening victims and taking money and goods by force. On the ground that Q and Q were aware of the history of murdering AM, which is located in the territory of Thailand, on March 2007, on the ground that Q and Q were killed, in order to raise funds to escape from the death of the previous crime to a foreign country, the Defendant conspiredd in advance with Q, C, N, and AO, and conspired with Q, Q, Q, the body of the victim of the instant crime, as well as Q, C, and Q and Q, which could cause a fatal threat to the body of the victim, and the robbery of the victim of the instant cable.

During the period of Ansan-si, the Defendant was aware of the fact that a large quantity of cash was stored in the AS Office in the AS Office for the operation of the AS Office for the AS Office for the AP located in the AS Office for the Republic of Korea, and that the office structure, etc. was well known. On July 2007, the Defendant planned and instructed the above BS Office to take advantage of the difference in the victim AW (n, 25 years of age), who is an employee of the said exchange office, to take advantage of the difference in work, the victim AW (n, 25 years of age), who is an employee of the said exchange office, to take advantage of the method of committing the crime, such as setting up the course of intrusion and escape, the role of accomplices and distribution of money and valuables, etc., and accordingly, to take advantage of the role of the Defendant’s replacement in the BS office and take advantage of the role of the said BS office in the PS office.

On July 8, 2007, the Defendant prepared, along with Q and Q and C, office tapes, cables, knife, etc. that may threaten and confise the victim at that time, and the Defendant continued to prepare for the crime by giving an AR’s off-to-face car driving ahead of the right side of the AR parking lot, which is parked in the apartment parking lot in order to have Q, C, andN attend the office late after the following day of the AR, along with Q, C, and N.

On July 9, 2007, the following Defendant: (a) on board the said exchange site with NN around 07:00, the Defendant: (b) on board Qack Z in Qack-si; (c) on the house located near the said exchange site during Ansan-si; (d) upon burning C in Q and C; (c) on the front of the said exchange site; (b) on the front of the AX building in Q and C; (c) on the front of the said building; (c) on the front of the said building, Q opened the said exchange site with a deadly weapon prepared in advance at around 09:0; (c) on the front of the passenger; (d) on the front of the said date, the Defendant continued to have the victim enter the said exchange site; (e) on the front of the victim’s seat; (e) on the front of the said 0th day, Q and Q 1, the victim was able to enter the said exchange without the victim’s license, and (e) he continued to have the victim’s face, 2, namely Q and Q Q 3.

On the same day, money and valuables took place at around 09:30 on the same day. Next, the Defendant dried up a bank that received money and valuables from Q, on board the said Loneex vehicle, and Q strawing away from the scene of crime, respectively, and the Defendant, along with Q, C, AO, and NN, distributed money and valuables taken out from the house of AO located in the Jung-gu Incheon Metropolitan City BB at around 11:0 on the same day.

As a result, the Defendant conspired with Q, C, AO, andN to take money and valuables from the victim, Q, a deadly weapon, killed the victim by cutting off his part of the victim’s knife with Q, and the Defendant caused the victim’s death by cutting off the part of the victim’s knife. 3)

As above, the Defendant committed robbery on at least two occasions (excluding part 2014Da447), and committed robbery in light of the circumstances leading up to each crime, the means and method of the crime, and the character and conduct, and the risk of re-offending is recognized.

Summary of Evidence

2013Gohap833

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the prosecution and police with regard to D, and a protocol concerning the examination of suspect of the police against E;

1. Each police statement on R, N, F, T, L, or I;

1. Report on details of past transactions, statements of deposit transactions, current status of each entry or departure, personal information on robbery cases, replys to fingerprint appraisal results, and each investigation report (No. 18, 19, 24, 27, 30, 42, 43, 46) [Attachment 18, 19, 27, 30, 42, 43, 46];

1. Defendant's legal statement;

1. Each prosecutor's office and police suspect examination protocol concerning W;

1. Statement of the prosecutor's and police's statement about Y, and statement of each police statement about V and AB;

1. The entry and departure status of each individual, details of account transactions, etc., mail contents, each individual's entry and departure details, e-mail content, and each investigation report (Evidence Nos. 28, 34, 35, 37), 2014 high-priced55;

1. Defendant's legal statement;

1. Statement of each police statement of AH;

1. Each investigation report (the Nos. 7, 8, 11 of the evidence list) 2014 highest74;

1. Defendant's legal statement;

1. Statement of the police statement to AJ;

1. Personal immigration status, each investigation report (Evidence Nos. 5 through 9, 11, 12) by each person. "2014, 4474;

1. Partial statement of the defendant;

1. Part of the witness Q’s legal statement;

1. Statements and descriptions of each part of a witness AO andN in the ten-time trial records;

1. Some statements made by witnesses AO, N, BC, BD, and A among copies of the examination protocol (part of the protocol of trial in April, 5, 7, and 8) of the examination of witnesses in Suwon District Court case 2013 high-level 96 case, and witness Q among copies of the examination protocol (part of the fourth protocol of trial) of the Seoul High Court 20133826 case;

1. Each part of the prosecutor's office and police interrogation protocol or copy thereof against the accused;

1. Copies of each part of the protocol for the examination of prosecution and police officers for AO, N, and Q;

1. A copy of each police statement made against R, BE, and BF;

1. A copy of each police statement in relation to BG, BH, BI, BJ, BK, BL, BM, BO, BP, Q, BR, and BS;

1. The case explanatory note, the identification record of the scene of the case, the body autopsy report, the body autopsy report, a copy of the request for appraisal, the response to fingerprinting at the scene of the crime, each request for appraisal, each investigation report (the evidence list Nos. 10, 28 through 31, 35, 38, 39, 45, 49, 50, 59, 61, 67, 78, 91, 96 through 101, 104, 113, 114, 118, 124 through 126) ;

The following circumstances revealed by each evidence of the judgment and the written investigation of the request for attachment order and the statement of the response to a request for attachment order, namely, ① the Defendant planned, organized, and repeatedly committed robbery against 11 victims from around 2008 to 201; ② such crime was committed on the part of Korean tourists, etc. after the Defendant escaped to the Philippines after the robbery was committed in the judgment; ③ the details of the crime in this case and the method of the crime in this case are very harsh, and the victims suffered from the mental shock token; ④ The risk of recidivism against the Defendant was expressed at the level of 16 to 17 “high” in total; ⑤ The Defendant’s age, environment, character and conduct, motive and circumstance of the crime in this case, the motive and method of the crime in this case, as well as the method and method thereof, are acknowledged to have a risk of recidivism and recidivism.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Special robbery against the victim F, I, L, R, T, AB, AH, and AJ: Articles 334(2) and (1), and 333 of each Criminal Code (Selection of Imprisonment)

Special robbery against the victim V andY: Articles 334(2) and (1), and 333 of each Criminal Act [The maximum of the punishment shall be determined by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply] shall apply to the injury resulting from robbery against the victim N: Article 337 of the Criminal Act;

○ The point of robbery resulting from robbery: the latter part of Article 338 of the Criminal Act and Article 30 of the Labor Act: Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes concerning Death or injury resulting from robbery which is the largest punishment) of the Criminal Act shall be applicable to concurrent Crimes resulting from robbery: Provided, That the lowest sentence shall apply to the punishment determined for death or injury resulting from robbery)

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Determination on the assertion of the accused and the defense counsel under Article 5(4)3, Article 9(1)1, and Article 9-2(1)1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (part 2014, 447)

1. The assertion;

Although there was a conspiracy of Q and C with special robbery, since the Defendant’s accomplice was unable to use a deadly weapon in the instant crime and ordered the victim not to be injured, it was impossible to anticipate the death of the victim due to the robbery.

2. Determination

A. The crime of robbery is an intentional crime, and the crime of robbery is not required for the purpose of murder as a result of the so-called aggravated crime. If several persons jointly commit robbery and if one of them kills another, the offender is liable for the attempted murder or the crime of robbery, and if another accomplice has jointly committed the act of murder, it is natural that the perpetrator would be liable for the attempted murder or the crime of robbery. However, if the victim did not jointly commit robbery, the perpetrator shall be liable for the murder or death of robbery (see, e.g., Supreme Court Decision 91Do2156, Nov. 12, 1991).

B. In light of the following circumstances, it is determined that the Defendant was aware that a deadly weapon was to be used in this part of the crime, in view of the statement made by the Defendant at an investigative agency, Q and C (hereinafter referred to as “official offenders”)’ past criminal records, etc., at least by the Defendant.

1) With respect to the circumstances in which Q Q had a knife in the instant crime, the Defendant heard from Q Q Q that the victim might be able to report and memory his face, and the Defendant stated that Q’s knife would be a temporary real name by reporting the flife of the vehicle used on the day before the crime was committed, and that Q would be a temporary real name by spreading it into the victim’s eye. In addition, Q stated that Q would have a knife for the purpose of threatening the victim, and that Q would have a knife for the Defendant’s response or perception as follows.

In other words, the defendant, in the first investigation of the police, knew that Q would be threatened with a knife, ② in the second investigation of the police, ② in the second investigation of the police, the defendant did not participate in the issue, ③ in the first investigation of the prosecution, ③ there is only one fact that the defendant thought that Q would bring about a knife, and that Q would bring about a knife, ④ in Q, ④ in the second investigation of the prosecution, ④ in Q, it was said that Q would bring about a knife, ④ in Q, ④ in the third investigation of the prosecution, the victim thought that Q would bring a knife money.”

The above statements by the defendant are highly specific and consistent to the effect that he/she was aware that deadly weapons were used in the crime in this part, and that he/she allowed or allowed it.

(In light of this, the defendant's assertion that he ordered accomplices not to use a deadly weapon is difficult to accept).

2) As indicated in this part of the charges, accomplices, from October 2006 to December 2, 2006, who had been aware of the fact that Q had been aware of the fact that Q was directly present with the use of the knife in these crimes, and that Q was in custody of the knife and its knife in the house and the car because of considerable interest in Q in these crimes.

In light of the circumstances that the Defendant, who is well aware of the criminal power, tendency, etc. of accomplices, permitted or impliedly allowed the use of Q Q’s deadly weapons prior to the crime of this part, it is reasonable to view that the Defendant was aware that at least he/she was to be used for the crime of this part. In light of the following circumstances revealed through records, it is determined that the Defendant could have predicted that the Defendant was able to cause the death of the victim by using a deadly weapon carried by accomplices in the opportunity of robbery.

1) The Defendant planned and controlled this part of the crime. ① At the time of the crime, the Defendant was aware of the fact that the 20th female victim was working in the mixed money exchange center; ② at around 09:00 on a monthly day, the period of the crime was not only the business hours of money exchange but also the employees of other offices in the building where the money exchange is located; ③ The fact that Q and C entered chips into the money exchange and commit the crime against the victim is likely to visit customers or other people.)

2) The following circumstances together with the status of the Defendant in committing this part of the crime are also circumstances where the Defendant’s predictability for the death of the victim can be recognized.

(1) Due to the nature of robbery, a victim may suffer physical harm in the course of exercising physical strengths to the victim, and the knives carried by accomplices are tools that may exert a fatal influence on the life and body of a person.

② As seen earlier, accomplices used the method of extremely dangerous crimes, such as threatening the victim’s knife with and threatening the victim’s knife in the crime of robbery. The Defendant, despite having known of such accomplices’ criminal power, knew of the use of a deadly weapon.

3) In the event that the defendant was aware of the past criminal records and inclinations of the accomplices, it is reasonable in accordance with the empirical rule to deem that the accomplice could have predicted that the knife with the knife in possession of the accomplice could actually injure the victim in the event that the crime was obstructed by the victim's resistance working in the exchange center or by visit to the exchange knife of another person.

D. Therefore, the above argument by the defendant and his defense counsel cannot be accepted.

1. Reasons for sentencing: Imprisonment with prison labor of 10 years to 45 years;

2. Scope of recommendations)

(a) Crimes of robbery: The area to be mitigated (six years and eleven years) by category one in case where the result of death occurs;

[Special Mitigation] Where the result of death does not result in a defendant's direct act;

(b) Crimes of special robbery: Aggravated area (5 years to 8 years) of category 2 (special robbery).

[Special Persons in Charge] Use of Firearms (Types 2)

(c) Crimes of bodily injury resulting from robbery: Basic area (4 and 7 years) of Type 2 (Special Robbery) in cases where the result of injury occurs.

(d) The result of multiple crimes: Six years to seventeen years (one-half years to the upper limit of the scope of punishment for basic crimes plus one-third of the upper limit of the scope of punishment for crimes with the highest limit of the scope of punishment among other crimes).

3. The sentence of death or injury caused by robbery was committed since one month prior to the Defendant’s accomplices, including the crime subject to the crime, the preparation of the tools to commit the crime, and the division of roles among accomplices. In particular, in the case of the Defendant, most of the robbery crimes are planned and instructions are given to other accomplices to commit the crime of this case, leading the crime of this case. The Defendant planned to commit an interview at a money exchange center located in the building with an office located in usual night time, and attempted to commit a complete crime by spreading people who were born in the vicinity of the money exchange center while other accomplices commit the crime. Even though other accomplices committed the crime, the knife and the amount of wls used to commit the crime did not actively take part in the crime to ensure the life and body of the victim’s life and body, young victims of 25 years old age who were able to take part in the crime from abroad without any serious harm to the victim’s life and body, and even after the victim’s efforts to escape from contact with the deadly weapons, the Defendant did not have been able to recover the victim’s life and injury.

The Defendant shared their respective roles under the prior invitation with many accomplices to travel along with Korean tourists, etc., raising an article on traveling along the Republic of Korea, seeking accompanying the Republic of Korea, and arrested the victims, arrested them without any discrimination, and threatened them with extreme speech and behavior threatening their lives, and detained them with lethal weapons such as writing, knife, knife, knife, and slife them with their clothes, and forced them to kill and kill the victims after committing the crime. From around 2008 to 201, the Defendant continued to attract the victims to death at the time of reporting the crime. Furthermore, in light of the planned nature, intelligence and continuedness of the crime, cruel criminal acts, the risk of the crime committed, and the circumstances after committing the crime, the Defendant’s physical and mental fear of harm to the Republic of Korea, which would be very unlikely to cause any harm to the victims. Furthermore, the Defendant’s life and mental fear, as a person suffering from considerable harm to the Republic of Korea, was highly unlikely to feel.

In light of these circumstances, a severe sentence on the defendant is inevitable.

However, in the crime of robbery resulting from robbery in this case, the result of death did not result in the direct act of the defendant; in the case of the crime of bodily injury resulting from robbery in this case, the degree of injury is not much severe; the defendant generally recognized the crime and divided the defendant's wrong facts; and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, character

Not guilty (2014Gohap47 Parts)

1. Summary of the primary facts charged

In collusion with Q, C,O, andN, the Defendant invadedd into the money exchange center, such as the facts constituting the offense in the judgment, and took money and valuables from the victim and killed the victim.

2. Defendant and his defense counsel’s assertion

Although there was a conspiracy for special robbery, there was no conspiracy for murdering by the victim, and there was no intention for murdering by the defendant.

3. Determination

In light of the following circumstances revealed by the record, the evidence submitted by the prosecutor as to this part was proved to the extent that it is beyond reasonable doubt that the defendant conspireds to murder the victim together with his accomplices, or the defendant was guilty of murder. It is insufficient to view that there is no evidence to acknowledge this otherwise.

A. According to the following statements, it is difficult to readily conclude that the Defendant conspiredd to murder beyond the strength in advance.

① As to the circumstances leading to the instant crime, the Defendant argued that there was no other conspiracy to commit the commission of murder, on the grounds that Qua resisting the distribution of profits in the previous robbery and C planned to commit a robbery in order to obtain new profits from the commission of the crime. ② A0 made a statement from the Defendant prior to the commission of the crime to the effect that the Defendant appeared to have followed the Defendant’s defense and made a statement corresponding to the Defendant’s defense. ③ Q Q made a statement to the effect that: (a) even though Q Q was causing the Defendant’s pressure to commit the crime, the Defendant only gathered the robbery and did not have any conspiracy to commit the murder. ④ Moreover, the Defendant made a statement to the effect that there was no conspiracy to commit the murder.

B. The tools of the crime committed by the Defendant prepared in advance and provided to accomplices prior to the commission of the crime are cables, hearing tapes, and vehicle distribution boxes, etc., which may suppress the body and real names of the victim, but did not have any tools that could easily kill the victim. In addition, there is no evidence to deem that the Defendant provided Q Q with the victim’s knife (the Qu also stated that there was no fact that the Defendant had taken knife in investigative agency or this court).

C. Also, in light of the following circumstances, it is difficult to readily conclude that the Defendant had the intent to murder.

(1) After committing the crime of Q Q, the Defendant got away from the money exchange station and waiting in the vehicle, and took a bath to the Defendant. The Defendant consistently stated in the investigative agency and this court that Q called “the victim’s knife is written.” The Defendant stated that Q left the above bank at the time of the commission of the crime. As such, Q Q Q’s knife, immediately after committing the crime following the Defendant’s statement, following the Defendant’s criminal act, would have led to the accomplices to commit the crime committed in violation of the initial public offering.

② According to each statement of AO and N, it is recognized that, after committing the crime, Q has been asked to the effect that, when the Defendant gets on a vehicle with N, Q and C and getting on a vehicle into the house of AO, Q had been made in Q in the vehicle, the Defendant called " Q was involved in the accident" in Q in the above vehicle, and that " Q was in the house of AO", and that, if the Defendant did not do so, Q was not the accomplice in the Philippines where he escaped after committing the crime, the Defendant was not the first murder. In light of these facts, it is difficult to find that the Defendant had the intention to commit the murder.

D. Meanwhile, on April 28, 2013, Q made a statement that Q purchased a knife and cable with the Defendant and C in telephone conversations with the police on April 28, 2013. However, on July 23, 2007, the first Q Q this statement, from Malaysia, to the police by telephone, the Defendant stated that “the Defendant was unrelated to the instant case” and “the Defendant was committed on July 12, 2008, and did not participate in the instant crime.” In light of the fact that Q made a statement that Q did not have engaged in the instant crime, it is difficult to conclude that Q Q’s statement made on April 28, 2013, because it was not consistent.

4. Conclusion

Thus, this part of the facts charged should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as it is found guilty of robbery resulting in a crime as stated in the preliminary facts charged,

Dismissals of the request for attachment order (2014. 23)

1. Grounds for requesting attachment orders;

The Defendant is a person who has committed murder as stated in the primary charges of 2014 Gohap447 and is likely to recommit the murder crime.

2. Determination

As seen earlier, the judgment of innocence is rendered on this part of the facts charged, so this part of the request for attachment order is dismissed in accordance with Article 9(4)2 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.

The presiding judge of the Supreme Court;

Judges, Chief Judge

Judge Choi Jin-hun

1) The prosecutor prosecuted the original amount of damages as '43 million won', and subsequently ordered changes in the indictment as above.

2) The prosecutor added the ancillary charges of robbery resulting from robbery through amendments to the indictment, and found him guilty.

3) AO and AO are indicted as a robbery's charge and AO is not guilty, and AO is not guilty, and N is recognized as only a crime of a special robbery.

The judgment of the previous four years is currently pending in the appellate court (Seoul High Court 2013Do3826), Q is the victim.

Although a person who kills himself/herself is not himself/herself, the defendant in this case against the defendant

Since the facts of the preliminary facts charged themselves are recognized, they are recognized as facts constituting the crime.

4) The Defendant appeared as a witness in a trial on AO and N, and committed the robbery of Q and C before committing the instant crime.

Some times of attempt, but the staff of the next office or the required delivery personnel visit the exchange office; and

was stated that there was a statement.

5) The Defendant heard that Qkn's knife would be brought from the prosecutor’s investigation, and “whether it would be done if you take place.”

The possibility of actual use of a deadly weapon was mentioned in the statement that it was.

6) Only three crimes are subject to the highest maximum limit of sentence according to the standards for handling multiple crimes.