2010Murder, homicide, or abandonment of a dead body

O0(00000-000000), Taxing articles

Gwangju Seo-gu

Gwangju Nam-gu in its original domicile

Park Jong-min

Attorney Choi Byung-hee (Korean National Assembly)

August 17, 2010

A defendant shall be punished by imprisonment for life.

Criminal facts

On February 7, 2006, the Defendant was sentenced to three years of imprisonment for assault by the Gwangju District Court on May 9, 2008 and was released on May 9, 2008 and the remaining term of imprisonment has expired on October 28, 2008, and is a taxi driver belonging to the New Young Transportation.

1. homicide;

On December 20, 2009, the Defendant: (a) on December 20, 2004:31, in front of an officetel in Ireland-dong, Seo-gu, Seo-gu, Gwangju.

At around 05:50 on the same day, the victim 00 (the age of 26) was aboard the rocketing 60ba9810, which she drives, as a passenger, and the victim was in front of the main apartment in the Seo-gu, Seo-gu, Gwangju. At around 05:50 on the same day, the victim was able to commit an indecent act against the victim while driving a taxi to the gro-si, and the victim was unable to know at a place from 05:50 to 07:0, where it was difficult to know the location from 05:50 to 00, the victim died of the victim's face with the shoulderer's flaba, and the victim died of the victim's flaba with a tool with no son or unknown.

Accordingly, the Defendant murdered the victim.

2. Abandonment of the dead body.

The defendant murdered the victim on the above date and then loaded the victim's body into the above taxi.

From 07:06 on the same day to 07:36 on the same day, a taxi was set up and the body was laid down adjacent to a dump in the vicinity of the local road located adjacent to the provincial road located in the Dog-ri in the Naju-si.

Accordingly, the defendant abandons the body of the victim.

Summary of Evidence

【Each Facts at the Time of Sales】

1. Each statement of 000, 000, and 000 witnesses;

1. Each prosecutor's protocol of statement concerning 000, 000, 000, andO;

1. On-site inspection records of the prosecution;

1. Each police officer's statement in relation to 000 and 000;

1. Records of seizure and list of seizure (GPS movement data) dated December 27, 2009;

1. Records of seizure and the list of seized articles and photographs of January 11, 2010;

1. Each investigation report (vehicle number description description, suspect description and emergency arrest description, Gwangju 60ba9810 knife);

Analysis of the Cmerta records, Gwangju 60ba9810 Vehicle GPS location information, and installation in a taxi using crime

relation to the GPS, relation to a gene analysis and appraisal report, relation to a correction of location information, the course of movement of crime)

1. Results of vehicle identification, requests for genetic appraisal, and requests for appraisal (209-W - 8592);

1. Photographs photographs of each CCTV, photographs of suspects' driving taxis, photographs of records of taxi operation, tycometer, and GPS;

Data on the mobile route, GPS photographs, two copies of the map, on-site photographs and mobile routes, the place where CCTV is installed, and this;

east-ro, GPS mobile route, computer disks (taxi 60ba9810 on a vehicle for use)

1. A autopsy report, a report on the result of autopsy, and a report on the request for appraisal;

【Prior Records at the Time of Sales】

1. Criminal records;

1. Current status of individual reduction and expropriation;

Application of Statutes

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

Article 250(1) of the Criminal Act (the occupation of homicide and the choice of life style) and Article 161(1) of the Criminal Act (the occupation of dead body abandonment)

1. Aggravation of repeated crimes;

Article 35 and proviso to Article 42 of the Criminal Act (Offense of Inserting Body)

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (Inasmuch as punishment has been more severe than that of imprisonment for life, no other punishment shall be imposed)

Judgment on the Issues

1. Probative value of seized articles

A. Defense Counsel's assertion

At around 14:50 on December 26, 2009, the defense counsel sought that the above seized articles and the seizure report (the investigation record 1232 pages) prepared on January 11, 2010 prepared on the same day constituted illegally collected evidence and thus, the gene analysis and appraisal report (the investigation record 1064 pages) obtained on the basis of the above seized articles are inadmissible as evidence. In addition, the search and seizure warrant was not issued at the time of seizure, and the search and seizure warrant was not requested within 48 hours from the time of emergency arrest. Since 00 of the defendant or the defendant driven the above taxi at will, the above seized articles and the seizure report prepared on January 11, 2010 (the investigation record 1232 pages) were inadmissible as evidence.

B. Determination

In order to guarantee fundamental human rights, the Criminal Procedure Act’s detailed standards for the procedures of seizure and search are prepared so that the Constitution, which is the basis of due process of seizure and search, and the warrant requirement, may lead to the establishment of substantial truth and the protection of the rights of individuals can be achieved harmoniously.

Criminal history should be maintained firmly. As such, the secondary evidence obtained based on the evidence that is not in compliance with the procedures prescribed by the Constitution and the Criminal Procedure Act, as well as the secondary evidence obtained based on the evidence does not comply with the lawful procedures established above to guarantee fundamental human rights and, in principle, cannot be used as evidence of conviction. However, in final determination of admissibility of seized materials, all circumstances related to the procedural violation committed by an investigation agency in the course of evidence collection, namely, the purport of the procedural provision and the degree and degree of the violation, specific course and possibility of evasion, rights and interests to be protected, degree of infringement, degree of relation between the defendant and the procedural violation and the collection of evidence, degree of perception and intent of the investigation agency, etc. In full view of the overall and comprehensive examination, if the investigation agency’s violation does not infringe on the quality of due process, and rather, it does not constitute an exceptional evidence collection based on 20 evidence collection and evidence collection conducted in line with the principle of due process and the substantive truth harmony and the purpose of criminal justice, it should be deemed that the evidence collection and 201 evidence collection were not duly admitted.

Comprehensively taking account of the evidence duly examined and adopted by this Court, such as the witness stand, the witness stand, the statement of 00,000, and the vehicle identification result (in the investigation record 319 pages), the evidence on December 23, 2009

Until December 26, 200, a newly constructed taxi driver of the unlimited taxi operating the above taxi by the 3th day of the same month, driving the taxi to the parking lot of the Gwangju Provincial Police Agency on December 26, 2009. The investigation of the Gwangju Provincial Police Agency and the scientific investigation site identification team from 13:30 to 15:00 on the same day, with the vehicle identification at their own entrance, and with the vehicle identification at the front door of the above taxi, the number of 1 ice ice fladles from the front door of the above taxi, 1 fladles from the front door of 1, 200 on the white ice 1, 200 on the 10th day of the 2nd day of the 2nd day of the same month, and 12th day after the 10th day of the 2nd day of the seizure and identification of the present vehicle, or 10th day after the 10th day of the seizure and identification of the present vehicle evidence.

The fact, etc., which is a thing used by a senior person to rent a taxi inside the taxi may be recognized.

According to the above facts, seizure of the seized article of this case is conducted at a place outside the place of arrest as well as at the time without any contact with the defendant's arrest act and time, and seizure at the place of arrest as prescribed by Articles 216(1)2 and 217(2) of the Criminal Procedure Act.

Although it does not fall under search, 000, who had sent the above-mentioned taxi in the temporary border, cooperates with the local police agency in the vehicle identification by driving the taxi in the Gwangju Metropolitan Police Agency, and remain in the internal search of the vehicle and the taxi.

As long as there is no objection to the collection of evidence, it is sufficient to regard the articles of evidence or the articles of oil under Article 218 of the Criminal Procedure Act as the seizure of the articles of evidence (the voluntary presenter under the above law includes not only the owner but also the possessor and custodian, but also the owner and custodian are not required to be a person with ownership or other legitimate authority, and the "oiled articles" includes articles of away from their possession against their own will in a broad concept than the lost articles, and the place of oil is not at the scene of the crime).

The warrant of search and seizure does not require ex post facto search and seizure of such voluntarily produced articles or articles, but the investigative agency shall prepare the protocol of search and seizure and deliver the list to the person to whom the articles are to be seized (Articles 49, 219, and 129 of the Criminal Procedure Act). 00 in fact cooperates with the search and seizure of the taxi and the collection of evidence in the instant case. The record of search and seizure of the instant articles was prepared after the issuance of the warrant of search and seizure, and the specific type and quantity of the seized articles were already stated in detail in the result of vehicle identification before the issuance of the warrant of search and seizure, and the investigation agency (police) deems that it is necessary to keep them after requesting an appraisal to a national scientific investigation institute, etc., to issue a warrant of search and seizure and to deliver the list (Articles 49, 219, and 129 of the Criminal Procedure Act). Generally, in light of the Constitution and the Criminal Procedure Act’s legal interests that the defendant or the person to whom the articles are seized are to be seized, it cannot be seen that the above provisions were not violated.

Therefore, it is reasonable to view that the seizure of the seized article of this case does not fall under the case where the procedure of the investigative agency infringes on the substantial contents of due process, and rather, excluding the admissibility of evidence constitutes an exceptional case deemed to result in a violation of the principles of due process and the purport of realizing the justice of criminal justice by preparing procedural provisions concerning criminal procedure and promoting harmony between the principle of due process and the discovery of substantial truth, and thereby, it is reasonable to view that the seizure of the seized article of this case constitutes an exceptional case where it is deemed that the above seizure protocol, the list of seizure and the second evidence of the National Scientific Investigation Agency request for appraisal of the National

2. Process of finding facts in the judgment;

A. Evidence relationship of the instant case

On December 21, 2009, the Defendant stated to the effect that he operates a taxi on or around 07:30 of the day immediately following the date of the instant crime, and that the traffic accident was not memoryd as to the immediately preceding day, and that there is no direct evidence such as witness of the crime under the evidence relationship. As such, the instant case is ultimately an indirect fact by indirect evidence, and the process of ratification of the facts charged in accordance with logical and empirical rules should be taken into account, and then, it is inevitable to go through the process of ratification of the facts charged.

B. Grounds for finding guilty

Comprehensively taking account of the various evidences incurred in the summary of the above evidence, the victim : (a) drinked the workplace rent, etc. in the Seo-gu Seo-gu Seo-dong Office Yandong Office in the new wall on December 21, 2009; (b) 04:27; and (c) taken away from the house at around 06:57 on the same day as the result of tracking the location of the Handphone; and (d) all Handphones in the base state of the 90 Vari-si Office around the 06:57 on the same day after the last location was confirmed.

On December 20, 209, the Defendant: (a) took over the above-mentioned 6018 taxi from 00 to 10, and started operation of such taxi; (b) around 04:31, passengers board the above taxi at around 07:06, and recorded the 62 km between 30 minutes and 30 minutes, respectively; (c) the fact that the Defendant was found to have been using the above-mentioned 4-type taxi at 0-type 20-type 5-type 4-type 7-type 5-type 7-type 4-type 7-type 4-type 7-type 7-type 4-type 7-type 7-type 4-type 7-type 7-type 4-type 7-type 7-type 4-type 7-type 7-type 7-type 4-type 7-type 7-type 5-type 7-type 5-type 7-type 8-nam-type 4-g-type 9-type 30-nam 7.

In addition to ① the statement of the witness 00, each statement of the witness 00, 000, 000, Korean won, and the statement of the fact inquiry of the Korean Won, and the statement of the response of each fact inquiry, the mental assessment of the defendant, etc. of the same university, the same university, the Gwangju District Medical Hospital, and the defendant, even if it is based on the statement of the witness 100, 000, 100, 100, 2000, 200

On December 21, 2009, the following day of December 21, 2009, the defendant was parked at the second-lane at the entrance of the Seo-gu Seoul Seo-gu salt farm, Seo-gu, Seo-gu, Gwangju, but this is a minor contact with the string of the string of the string of the string of the string of the string and the strings to the extent that the string of the string and the string of the string of the string, and the string of the string was not the head of the string, and there was no mental disorder such as the string of the string at the time and at the present time.

Although there are English letters on the part of the defendant's taxi after this case, there is no sign of the above broadcast and English language, and two taxis conflict with each other. However, the above 218 photographs seems to have been removed from the above 218 sign if detailed observation of the above 218 photographs was made, the defendant's defense counsel also did not dispute the above 1 photograph of the defendant's taxi (301 pages of investigation record) affixed to the CCTV in the direction of poppy south, the 302 pages of investigation record and the photo (302 pages of investigation record) affixed to the CCTV in the direction of poppy, and it is difficult for the defendant to find the above 2 image of the above 390 photo of the defendant's taxi on the back of the 2nd photograph of the above photograph, and it is difficult for the defendant to find that the above 2nd photograph of the above 390 photo of the defendant's taxi on the ground that the above 2nd photograph of the defendant's taxi was not in the direction of the above 390th photo.

Comprehensively taking into account the facts charged, all of the facts charged in this case can be found guilty.

Reasons for sentencing

[Determination of homicide] Type 3 of the homicide (homicide which has a reason to criticize specially in the motive) is a case of murder without any other reason.

[Special Person] A victim vulnerable to a crime

[Scope of Recommendation Criteria] Aggravation of Type 3, 12 to 15 years of imprisonment, and 15 years of life or more

[Scope of Recommendations as modified by Criteria for Handling Multiple Crimes] Imprisonment with prison labor for not less than 12 years, not less than imprisonment with prison labor

[Determination of sentence] The crime of this case is committed by the Defendant, who is a cab engineer responsible for the safety of passengers, murdered and abandoned 20 women who were her body at the new wall time. Since the Defendant was arrested by the police, the Defendant made an unfashless defense for the crime during the investigation and public trial, such as silenting the crime or claiming that he was unfashed due to traffic accidents that occurred on the day following the crime, and the nature of the crime and circumstances after the crime are extremely poor. The Defendant did not clearly state his motive for murder within the Defendant at all before and after the commission of the crime. However, the Defendant’s act of murdering passengers on the place of her life without any essential relationship with the Defendant at the time of the crime, is hard to view that the Defendant’s act of unfashing the victim’s body, as well as his family life without any mental harm, and thus, cannot be seen as an unlawful crime, even if the Defendant’s act of unfashing the victim’s own body, as well as his family life and behavior.

A type of life imprisonment shall be selected among recommended types in accordance with the standards for punishment.

Article 2 (Presiding Judge)

Kim Gung-gi

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