2010Gohap164 Violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

(Rape, etc. Murder) and Aggravated Punishment Act

Ban (Kidnapping and Inducement), Aggravated Punishment Act, etc.

Violations (for-profit abduction, inducement, etc.), rape, injury, rape, confinement,

Residential intrusion, concealment of carcasses, night building intrusion theft;

2010 Bagogo8 (Consolidated) An order to attach an electronic device

Claimant

Kim A (77 years old, South)

Private Armed Forces

Attorney Yoon Jin-han

June 25, 2010

A defendant shall be punished by death.

The seized FRP column Co., Ltd. 1 (No. 96), two red vinyls (No. 97), one coloring paper paper 1 (Evidence No. 98), 9 white coloring paper 105 (Evidence No. 105), two cement block 106 (Evidence No. 107), one substitute (Evidence No. 107), one synthetic resin 137 (Evidence No. 138), one paper 1 (Evidence No. 139), and one paper 1 (Evidence No. 139) shall be confiscated.

The information on the accused shall be disclosed for ten years.

To the person subject to the request for attachment order, the attachment of an electronic tracking device shall be ordered for 20 years.

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On January 14, 1998, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to three years of imprisonment with prison labor for robbery and attempted rape at the Busan High Court, and on March 21, 2002, the Busan High Court sentenced eight years of imprisonment with prison labor for crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special rape, etc.) and completed the execution of the sentence in the Ansan Prison on June 26, 2009.

【Criminal Conductor】

After the Defendant became aware of the adoption at an elementary school, the Defendant voluntarily retired from the school in 193, which was at the time of the first year of high school.

After the Defendant retired from high school, the Defendant was tried to rape a minor under nine years of age at the time of July 197, and was detained on the charge of her her her her her fright, etc., and was released on April 15, 2001 after having been sentenced to three years of imprisonment, and was released on April 15, 2001. On May 2001, the date when the Defendant was released from the last church, the Defendant was arrested the female, detained him for nine days, detained him, and detained him for nine days, and was released from the prison on June 26, 2009.

As such, the Defendant, with the tendency to forcibly meet the sexual desire against the ordinary female, forced the victimized female to be out of clothes on his own by using violence against the victimized female, and attempted to rape the victimized female with the Defendant’s residence or near the Defendant’s residence after the night or around the new wall, when the victimized female was unable to feel cruel about sexual crimes, such as sexual assault by intentionally and intentionally approaching the agreement and sexual intercourse with the awareness that the victimized female was seld, as a means of self-reliance, and thus, sexual assault was committed.

【Criminal Facts】

1. Crimes against the lecture of the victim;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and rape and injury;

On January 23, 2010, at around 04:40, the Defendant: (a) discovered a victim’s lecture (at the age of 21) returning home after completing work on the alleyway in front of Seopo-dong 1, Seopo-gu, Busan, Busan; (b) followed by the Defendant for the purpose of sexual intercourse; (c) took the face and the part of the victim’s face and the part of the victim’s face at a time, and her head is knife, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife k

On the rooftop of the above 3rd floor building, the Defendant: (a) threatened the victim, who is frightened by violence and intimidation as above, with “he knife knife. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. kn. the above victim; (b) forced the victim into the floor and placed the knife on the floor; and (c)

The Defendant, while freezing and freezing the above victim, led the victim to the front door of the above rooftop, cut off the part of the victim, laid off the part of the victim, and inserted the victim's sexual flag into the part of the above victim's sound, and then threatened the victim with the victim's sexual organ rapidly, "if the victim promptly does not have a shot flag, she shall die." In other words, the victim's sexual organ on the part of the victim's body was inserted into the part of the victim's body, and then the victim sexual intercourse with the victim by inserting the victim's sexual organ into the part of the victim's body, and inserting the victim's sexual organ into the part of the victim's sound.

As a result, the defendant kidnapped the above victim for the purpose of sexual intercourse, rape, and caused the above victim to be treated for approximately two weeks.

(b) rape,

On January 23, 2010, at around 05:00, the Defendant: (a) turned on the head debt of the said victim on one hand on the third floor rooftop of the said third floor; (b) threatened the said victim with “I am dead if I am her at will or she does not her so; and (c) landed out of the said building; and (d) led the said victim to the head room of the Defendant’s house located in 100 meters away from the said building at around 100 meters away from the said building.

1) At around 05:20 on the same day, the Defendant: (a) laid the victim, who was frighted in a stove of the Defendant’s house, with the aforementioned assault and intimidation, on the ground of the assault and intimidation; (b) took off the victim’s clothes at the stove; (c) took the victim out of the clothes by suppressing resistances; and (d) took the victim’s body, she exceeded the clothes; and (e) took off the victim’s chest, she s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to s to to s to s to s to s to

2) At around 12:00 on the same day, the Defendant detained the victim’s resistance, which was frightened by assault or intimidation, at the above-mentioned rooftop room, and raped the said victim once in the same manner as the preceding paragraph.

On January 23, 2010, from around 5:20 to 16:00, the Defendant detained the said victim from around 10 to 40 minutes, by preventing the Defendant from leaving the body of the said victim, which was frighted in the above rooftop room by means of the above assault and intimidation, from going into double arms, and by preventing the said victim from going out.

2. Crimes against victimsC1;

(a) Escape after committing a crime against the victim's lecture;

When the defendant was able to track the police due to rape of the victim's strongC, the defendant returned to the unclaimed houses of the Seopo-dong, Seopo-dong, Busan Metropolitan City, and hidden.

During such escape, the Defendant was living in the same So-dong, such as the victim Lee So-dong, Lee So-dong and So-dong-dong, and entered the above So-called So-dong's Go-dong's Go-dong's Go-dong's Go-dong's Go-dong's house.

(b) Intrusion upon residence;

On February 24, 2010, from around 19:07 to 20:50 on the same day, the Defendant entered the house through a window leading to the c1 (n, 12 years of age) of the victim Lee Young-dong, Busan, throughout the house of the victim c1 (n, 12 years of age), and invaded upon the said victim's residence.The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping and Inducement) and the Act on the Punishment of Sexual Crimes and the Protection of Victims' Sexual Offense (Rape, etc.).

On February 24, 2010, from around 19:07 to 24:00, the Defendant led the said victim to the Seopo-dong, Seopo-dong, Busan (hereinafter referred to as the "One-time") by threatening the victim's marin, face, and chin in drinking at a house.

In the above house, the Defendant was unable to resist the above victim, and subsequently raped by inserting the Defendant’s sexual organ into the negative part of the above victim.

In order to kill the above victim by fear that the crime was committed by the victim who complained of suffering, sound, and did not comply with the Defendant’s intent, the Defendant attempted to kill the above victim. The Defendant, by hand, tried to prevent the above victim from suffering with his/her joints, and divided the parts of the above victim into three to five minutes, and caused the above victim to die in a brupted manner by non-defluencing and light pressure. Accordingly, the Defendant murdered the kidnapped minor and murdered the above victim, who is a minor under the age of 13.

(d) Porting a corpse;

On February 24, 2010, from around 21:00 to 24:00 on the same day, the Defendant murdered the said victim as above, and then moved the victim’s body to the same Dong (hereinafter referred to as “one-soon house”) as an abandoned house, with red strings, spacked the victim’s hand and spacks, which is in a state of body with red spacks, into red spacks, and added the victim’s body to mackspacks.

피고인은 위 같은 동 ◈ 건물 2층에서 같은 동 이에 있는 빈 플라스틱 물탱크 안으로 매트가방으로 싼 위 피해자의 사체를 넣은 후 백색 시멘트를 물에 개어 위 피해자의 사체에 붓고 블록과 타일 등으로 위 사체를 덮은 후 물탱크의 뚜껑을 덮고 그 위에 블록과 타일을 올려놓았다.

Accordingly, the defendant concealed the above victim's body.

3. Night-time theft of a structure against the victim C2;

피고인은 2010. 3. 7. 04:00경부터 05:00경까지 사이에 부산 사상구 삼락동 ★ 소재 피해자 이C2가 운영하는 '이C2 미용실'에 이르러 시정되지 않은 창문을 통해 위 피해자가 관리하는 건조물에 침입하여 그곳 장롱 안에 있던 위 피해자 소유의 현금 27만 원이 들어 있는 지갑과 열쇠 2개를 가지고 나와 이를 절취하였다. [재범의 위험성]

The Defendant has already been sentenced to imprisonment with prison labor for two or more sexual crimes and has been sentenced to a total of three or more years, but within five years after the execution of the sentence is completed, and again, commits a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, and is likely to recommit a sex crime.

Summary of Evidence

【Paragraph 1 of this Article】

1. Partial statement of the defendant;

1. Each legal statement of the witness lecture and thisC3;

1. Each protocol of examination of the accused by the prosecution (including all the statements of the Prosecutor's Office during the first, fourth, six times, and sixth times);

1. Each police protocol of statement about the lecture, the C3, and the C4;

1. Investigation intelligence reports and investigation reports (in pages 57, 5, 283, 17, 152, 17, 152, of investigation records);

1. Medical records, diagnosis records, etc. for victims of sexual assault;

1. Medicine;

1. The details of telephone conversations (the investigative record, No. 1154, page 17);

1. Each photograph (No. 1, No. 37, 66 of investigation records);

【Paragraph 2 of this Article】

1. Each legal statement of the witness Park C5, the outlined C6, the RedC7, the KimC8, the C8, the C9, the C10, the C11, the C12, the C13, the C14, the C15, the C16, and the C17;

1. The defendant's interrogation protocol (part 1, 3, 4, 8, and 9 of each prosecutor's interrogation protocol; the defendant and his defense counsel asserted that some of the interrogation protocol of the defendant against the defendant was not written as stated in the statement. However, according to each video CD (part 1, 3, and 4 of each prosecutor's interrogation protocol against the defendant) at the time of the above investigation, although the defendant's statement is not recorded as recorded in the protocol as it is, the summary of each prosecutor's interrogation protocol of the defendant and the contents of each prosecutor's interrogation protocol of the above prosecutor's office are mutually consistent with those of the defendant's statement and thus the admissibility of each prosecutor's interrogation protocol of the above prosecutor's office is recognized as evidence, and even if the part of the defendant's assertion against the defendant is not admitted as evidence, it does not interfere with the finding of facts other than the remaining parts of the prosecutor's interrogation protocol of the defendant's office.)

1. Each police statement on Ed4, SD21, Kim 22, KimD14, Lee D14, Lee D18, Lee D18, Mad19, Mad19, Dod10, Dod10, Dod23, Dod24, Jeju Dod25, Dad25, Dad17, Kim D26, and Park Da5

1. Written statements prepared in Had27 and Dod28;

1. Each investigation report (Investigative Records Nos. 2, 113, 113, 8, 94, 103, 125, 130, 146, 182, 194, 205, 5, 1, 6, 16, 18, 38, 78, 93, 95, 195, 163, 180, 443, 1017, 1074, 1101 of the Investigation Records), suspect specific investigation, and detection report;

1. Each protocol of seizure and the list of seized articles and guns;

1. Giving fingerprints urgent appraisal, a written autopsy, a death examination report, each appraisal report, a autopsy appraisal report, notification of the results of genetic assessment, and a response to the results of fingerprint assessment at the scene of the crime;

1. Report on the results of the KimA psychological analysis;

1. On-site internal map, on-site map, and bus routes;

1. Analysis of the details of each telephone, each telephone call, each of which is included, the details of telephone calls (of note, No. 1075, 1079 of investigation records), and the details of telephone calls;

1. Recording or recording of telephone conversations;

1. Each photograph (investigative Records No. 2, 112, 118, 123, 130, 3, 259, 4, 61, 93, 103, 117, 5, 129, 177, 209, 237, 251, 275, 307, 318, 6, 140, 179, 227);

【Paragraph 3 of this Article】

1. Defendant's legal statement;

1. Statement made by the police against thisC2;

1. Each photograph (No. 28, 48, 49, 50 pages of investigation records);

【Prior Records at the Time of Sales】

1. Criminal records;

1. Certificate of confinement;

【Risk of Sexual Crimes and Danger of Reoffending】

Comprehensively taking into account the above evidence, the statement of risk of recidivism, and the defendant's records of sexual crimes recognized by the statement of risk of recidivism, the method and frequency of committing the crimes in this case, the defendant's age, character and conduct, environment, and attitude of sex, etc., the defendant can be recognized as the risk of recidivism of sexual crimes and the risk of recidivism.

Application of Statutes

1. Article applicable to criminal facts;

Article 5-2 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 288 (1) of the Criminal Act, Articles 301 and 297 of the Criminal Act, Article 297 of the Criminal Act, Article 276 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 5-2 (2) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 287 of the Criminal Act, Articles 10 (1) and 8-2 (1) of the former Act on the Punishment, Protection, etc. of Sexual Crimes (wholly amended by Act No. 10258 of Apr. 15, 2010), Article 297 of the Criminal Act, Article 276 (1) of the Criminal Act, Article 161 (1) of the Criminal Act, Article 30 of the Act on the Punishment, etc. of Sexual Crimes, Article 161 (30 of the Criminal Act, and Article 30 of the Act.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the Punishment of Kidnapping and Inducement) and the Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Protection of Victims Thereof; the Punishment of Sexual Crimes with heavy quality and the Punishment of Violations of the Act on the Protection, etc. of Victims Thereof

1. Selection of punishment;

Death penalty selection, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Protection, etc. of Victims of Sexual Crimes, and choice of imprisonment with prison labor for life selection, confinement and intrusion upon residence concerning each crime of rape and injury.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Rape, Confinement, Intrusion into Residence, Concealment of Corpses, Night Building Intrusion upon Theft: Provided, That the proviso of Article 42 of the Criminal Act shall apply to rape)

1. Aggravation for concurrent crimes;

A punishment of death penalty prescribed in the former part of Article 37, Article 38 (1) 1, or Article 50 of the Criminal Act shall be punished by a penalty of death, which is the penalty for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, which is the largest penalty of

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. An attachment order;

Articles 9(1)1 and 5(1)1 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders

1. An order for disclosure;

Judgment on the assertion of the defendant and defense counsel under Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. Summary of the assertion

A. In relation to Paragraph 1 of the holding, assaulting the victim strongC on the way, but there is no other crime.

B. With respect to Paragraph 2 of the ruling, each crime in the ruling is not memory.

2. Determination

A. As to paragraph 1 of the judgment

1) The credibility of the victim’s strong statement is direct evidence of the victim’s strong statement. However, the strongC’s statement is credibility for the following reasons.

A) It is difficult to view that the strong and consistent statement was made in detail and consistently with respect to a case that has been punished for more than 10 hours, including the investigation agency from the investigation agency to the court, the place where the defendant was led, the place where the defendant was raped, the act of the defendant committed at the time of rape, the conversation between the defendant and the defendant, and the circumstances leading the defendant to return the person.

나) 또한 강C는 피해 후 신고경위에 관하여, 이 법정에서 피고인으로부터 벗어난 뒤 집에 도착하여 당시 직장인 ①나이트 부장 김E에게 출근이 늦겠다고 문자를 보내니 위 김E이 강C에게 전화를 하여 그때 김E에게 폭행 사실 등에 관하여 이야기 하였고 위 김E과 위 ♡나이트 지배인 이C3 등의 권유로 신고하게 되었다고 진술하였는데, 이는 수사기관에서의 진술과도 일치할 뿐만 아니라 이C3 역시 이 법정에 증인으로 출석하여 위 강C의 진술과 어긋남이 없이 신고경위에 관하여 구체적으로 진술하고 있다.

다) 공판기록에 첨부된 강C의 2010. 1. 20.부터 같은 달 30.까지의 통화내역에 의하면, 강C는 피고인으로부터 폭행을 당하고 끌려간 시각인 2010. 1. 23. 04:40경부터 감금당하였다가 풀려난 시각인 같은 날 16:00경까지 자신의 휴대전화(번호 : 010-XXXX-XXXX)로 문자 메시지가 도착한 것 말고는 위 휴대전화로 통화를 한 내역이 전혀 없고(15:36경 통화시각에 '00:34:00’라고 되어있는 것은 발신기지국 표시에 기지국 주소가 아닌 'HS16'이라고 표시된 점 등에 비추어 검사의 주장과 같이 문자 메시지를 수신한 표시로 보인다), 이후 강C는 16:10경 김E의 휴대전화(번호: 010-XXXX-XXXX)로 문자 메시지를 보냈고, 김E이 16:17경 강C의 휴대전화로 전화를 한 사실을 알 수 있는데, 이는 앞서 본 강C의 진술에 부합한다.

D) According to the records on the records of sexual assault victims, the Gangnam received medical treatment immediately after filing a report with an investigative agency. The records on the records of this case show a small amount of blood transfusion at a point of 8:00 in the light of the police station’s 8:0,000, which is likely to be caused by the depression. The statement of the strongC that the Defendant was rape is supported by the statement of the Defendant.

E) As indicated in its reasoning, Gangnam was issued a medical certificate at the hospital by suffering from the injury of the Defendant, etc., which was flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flick.

The statement of the strongC is fully acceptable that the fear and fear of the defendant within the confined area had to be made by the defendant due to the fear and fear of the defendant, and that the defendant did not request the help in the surrounding area.

2) The credibility of the Defendant’s statement

A defendant's statement shall not be trusted in light of the following circumstances:

A) The Defendant stated to the effect that “I am under the influence of alcohol on the day of the instant case is a male or female, but she ceased to stop her face, and the other party reported her cell phone in order to remove it.” However, it is difficult to understand that I am under the social norms that I am under the restraint of reporting her own mind until she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was at the time she was forced to find the Defendant on the day of the instant case and she was at the time she was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually rape.

C) In addition, the Gangnam made a statement that there was no fact with the Defendant after the occurrence of the instant case. According to the investigation report (No. 17, page 1152) and the lectureC’s telephone content attached thereto, the Defendant could have known that he/she had a telephone call to the Gangseo via a cell phone, etc. on several occasions on January 24, 2010 and January 25, 2010, which was after the occurrence of the instant case. However, considering the time when the call time seems to be necessary to divide the time required for the call atmosphere or the matters related to the accusation into and outside of one minute, it is reasonable to deem that the Defendant and the Gangnam had no fact that the Defendant had a telephone conversation by a real telephone conversation, contrary to the Defendant’s assertion.

3) Sub-decisions

On the other hand, the defendant's statement is reliable in his statement, and it is sufficiently recognized that the defendant committed a crime as prescribed in Paragraph 1 of the judgment of the court in relation to the lecture, in full view of the evidence, such as the statement, diagnosis, and monetary records of the above lecture and of the above lecture and of theseC3. The defendant's assertion on this part is not acceptable.

B. As to paragraph 2 of the judgment

1) In a criminal trial, the conviction in a criminal trial ought to be based on evidence of probative value, which can lead a judge to feel true beyond a reasonable doubt. If there is no evidence to form such a conviction, even if there is doubt that the defendant is guilty, it is inevitable to determine the benefit of the defendant. However, such conviction should not be necessarily formed by direct evidence, but it is formed by indirect evidence unless it violates empirical and logical rules. Even if indirect evidence does not have full probative value as to the criminal facts, if it is deemed that there is a comprehensive probative value that can not be independent if comprehensive examination of all evidence is conducted under mutual relation, even if it does not have full probative value as to the criminal facts (see, e.g., Supreme Court Decision 2001Do4392, Nov. 27, 2001).

2) Circumstances recognized

According to the above evidence, the following circumstances are acknowledged.

A) As to the kidnapped part

(1) 이C1 집에서 발견된 족흔적 등 이C1이 실종된 직후 이C1의 집 욕실과 다락방의 바닥에서 문양형상이 동일한 오른쪽 족흔적이 발견되었고, 위 족흔적은 피고인이 머물렀던 위 덕포동 ① 연립호(3집), 같은 동 (대문집)에서 각 발견된 오른쪽 족흔적과도 문양형상이 동일하며, 이C1의 집 뒤편 공간 바닥에서 발견된 왼쪽 족흔적도 위 집과 대문집에서 발견된 각 왼쪽 족흔적과 문양형상이 동일하다. 피고인의 누나 김D6는 피고인이 2009년경 안양교도소 출소한 이후 사상시외버스터미널 ▼에서 ☆ 운동화를 사준 사실이 있다 .

고 진술하였고 그 운동화는 ☆의 ‘코르테즈 베이직 나일론' 운동화(색상 검정색, 사이즈 260, 가격 69,000원)로서 위 운동화 태그가 피고인의 집 옥탑방에서 발견되었는데(피고인은 위 운동화를 구입한 사실은 인정하면서도 위 운동화를 어디에 두었는지는 모른다.고 진술하고 있다), 위 운동화 바닥 문양이 위 각 족흔적의 문양과 일치한다.

(2) The defendant's living stains around this CI's office;

Before the occurrence of the instant case in the prosecutor’s investigation, the Defendant had Dob21, which was located in the same building (a number of households located in one building) as the house in thisC1, and had Dob, and had Dob, Dob, and had resided in the same time. As a result of the gene analysis, the Defendant had discovered the Defendant’s gene type in the Dob-wing site, Dob-be, Dob-be, and Japanese brush that was abandoned in the Dob-21 Dob-21. As such, prior to the occurrence of the instant case, the Defendant had already been aware of the inside structure of the said building and whether each household living in the said building is located in the said Dob-1.

(3) The circumstances in which thisC1 did not go out of the house by itself were Da1’s erroneous e.g., Da3 (tentative name) from the date this C1 was missing until February 16, 2010, where this C1 went out of the house to the PC, and this C1 did not go back to the house at around 20:50 on the same day. At that time, this C1 was in a way to keep the cellular phone that had been displayed at the time of coming out of the house, and the scam was not locked, and the scam was opened against the multi-face window. It appears that this C1 was found to have been in the scamba on the day of this case, and that this c1 was not in possession of a separate cash on the same day, and that this c1 was found to have not been in possession of a separate cash at the time of this case. This camba son and the cambae at the time of this case’s body.

B) As to rape and murder

(1) The defendant's gene detection

Each seizure report and appraisal report (the defendant's defense counsel raised issues as to the date of receipt, the person collecting evidence, each entry in the receipt number, the method of collecting evidence, the time required for the gene analysis, etc.) and argued that each appraisal report of this case was not prepared through appropriate appraisal procedures. However, according to the above evidence, the errors pointed out by the defense counsel are the weekend of the day on which the request for appraisal of evidence was made, so it cannot be viewed that there is any error that can reject its credibility in each appraisal report, such as that the recipient employee goes to work on the daily day and entered the day on which the day was received). According to the above evidence, each appraisal report of thisC1, such as the Hebbbuck, the negative part, the nature, and the content of the workplace, all of the male gene were found to correspond to the defendant's gene type. The body of thisC1 and the body of this C1 were found to have been found in the body of the defendant in the body of the body of the defendant and the body of this C1, as well as the reaction and reaction of the body of the defendant.

(2) Examining the body condition of thisC1 and the body pictures of this C1 of a private person, it can be seen that the c1 was aware that the c1 was exposed to considerable violence on the face side, etc., and that the c1 was exposed to the c1, and that the c1 was exposed to the c1, and that the c1 was found to have been exposed to the c1. According to the body examination report, death diagnosis report, etc., the c1’s external powers have been performed through a variety of faces, such as the c1’s c1’s c1’s c1’s c1’s c1’s c1, and the c1’s c1’s c1’s c1’s c1’s c1’s c1’s c1’s c1’s schill, face and schill, and the right scam was found to have been exposed to the pressure of sexual assault and pressure of the 1’s.

(3) Defendant’s statement

While the Defendant stated to the effect that most of the crimes against thisC1 were not memory in the prosecution investigation, “A day during which he was living” was frightened from Silsan and locked, and was unfrighted so as to be unfrightened so, women’s son was frighted. At the first time, she was aware of the locker, but she did not have any response to the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her body. In light of this, the Defendant’s son body.

(c)With respect to the part of concealment of the corpse

(1)The body of the body of Doc1 used in the concealment of the body was found in an empty plastic water tank in the area of the house located in the Busan High-dong, Seopo-gu, Busan High-dong, and the body of the body was found in the large, balk, balk, balk, sin, white mentor, and typists, which are presumed to have been used at the time of the body concealment of the body in an adjacent main gate (in the event that they go through this house, it is very difficult to access the above water tank), and the body was found after a test, which appears to have been taken by the defendant at the time of the commission of the crime in an empty part in the same place.

(2) A witness's statement

위 사체은닉 장소에 인접한 부산 사상구 덕포동 ◁ 소재 가옥에 거주하는 박C5는 수사기관에서 '2010. 2. 24. 텔레비전에서 태풍이 온다는 소식을 듣고 그날 20:00경부터 다음날 05:00경 사이에 자신의 집 물탱크 뚜껑이 날아가지 않도록 그물망을 씌우기 위해 옥상에 올라갔다가 누군가가 플라스틱 물탱크에 뿌연 것을 들이붓는 것을 보았다. 당시 그 사람은 까맣게 보이는 옷의 모자를 덮어쓰고 있었고 체격이 호리호리한 편이었다.'라고 진술하였고, 이 법정에서도 증인으로 출석하여 같은 취지로 진술하였다. 박C5는 비록 피고인의 얼굴은 정확하게 보지 못하였다고 진술하고 있지만, 박C5가 목격한 장면은 이C1의 시체가 은닉된 방법, 피고인의 옷차림 및 체격 등에 모두 들어맞는다.

(3) Defendant’s statement

As seen earlier, the Defendant made a statement to the effect that it is not well memory in relation to the crime against thisC1 at the time of the prosecutor’s investigation, while recognizing the fact of concealing the dead body of thisC1, and also making a relatively detailed statement about the method.

D) The circumstances after crimes were committed

피고인은 이 사건 발생 다음날인 2010. 2. 25. 하루 동안 집중적으로 강C17, 김D16, 김D26, 권D10 등 자신의 친구 등에게 수차례씩 전화를 하거나 집에 직접 찾아가기도 하였다. 한편, 피고인은 같은 날 14:00경 부모가 살고 있는 자신의 집에 찾아가 기도 했는데 아버지인 김D22가 피고인에게 경찰이 찾고 있다면서 집에 찾아 왔던 경찰관의 명함을 건넸고 피고인은 위 경찰관과 김D22의 휴대전화를 이D24 해 통화를 하던 중 김D22가 휴대전화를 빼앗아 “집입니다.”라고 하자 그 길로 옆집을 통해 황급히 도망을 간 뒤 계속 도피생활을 하였다. 피고인은 2010. 3. 10. 부산 사상구 삼락동에서 당시 수색 중인 경찰관들에게 발각되어 추격 끝에 검거되었다.

3) Sub-decisions

In this case, the defendant did not directly witness the crime until he murdered by kidnap1, and the defendant is consistent with the defendant's statement that he does not memory except for the part related to the concealment of the body by an investigative agency, and the victim this C1, the victim, died in this case.

Inasmuch as the statement also cannot exist as evidence, it is inevitable to determine whether the defendant committed a crime based on objective evidence as seen above. However, as seen earlier, considering all of the following factors: (a) the defendant’s genes discovered at the site where thisC1 was kidnapped; (b) the defendant’s genes discovered at the body of thisC1; (c) the state of the body of thisC1; and (d) the defendant’s objective evidence and circumstances that guarantee highly probable probability, such as a private person; and (d) the method of concealment of the body; and (e) the witness, etc.; and (e) the defendant’s statements are hard to believe as it lacks consistency or credibility; and (e) the fact that the defendant committed each of the crimes as indicated in paragraph (2) against thisC1 is sufficiently recognized. The defendant’

Reasons, etc. for sentencing

1. Sentencing criteria;

[Scope of Penalty Penalty] Death Penalty

[Special Person] A victim who is vulnerable to a crime, no reflector;

[Scope of Recommendation] Where the result of the death of a sexual crime group occurs, the aggravated area, life imprisonment (at least two special persons exist, and correspond to repeated crimes under the Act on Special Cases Concerning the Punishment of Specific Crimes, and there are crimes for which the sentencing guidelines have not been set, but the scope of recommending punishment is more than a weapon, and it is not increased further) of Type 2 (Rape).

【A person who is in general, abandoned】

【Pronouncement of Punishment】 Death Penalty

2. Determination of sentence;

A. In light of the fact that the death penalty that is considered in the sentence of death penalty is a very cold punishment that deprives the human life itself of it, and that it is extremely exceptional punishment that can be presented by the dualistic judicial system of the sentence state, the sentence of death penalty should be allowed only when there are objective circumstances to recognize that there are special circumstances that can be justified in light of the degree of responsibility for the crime and the purpose of punishment. As such, in the sentence of death, the sentence of death should be determined by taking into account all the factors that constitute the conditions for sentencing, such as the offender’s age, occupation and experience, character and behavior, intelligence, education degree, educational course, family relation, criminal record, relationship with the victim, motive for the crime, preparation, degree of preparation, means and method, cruel and bad degree, importance of the result, the number of victims and the appraisal of damage, the depth and attitude after the crime, the existence of reflects and liability, the degree of recovery from damage, and the fear of recidivism (see, e.g., Supreme Court Decision 2003Do2974, Jun. 29, 2007).

B. The following circumstances are acknowledged according to the evidence, etc. contained in the sentencing factors of the instant case.

1) Age, family environment and growth process of the defendant

On May 18, 197, the Defendant was adopted as a family with only 3 years of age and without her children. The Defendant was a person working on a labor day with less income. The Defendant sent not only the Defendant, but also the Defendant, who was economically burled with entertainment, but also in an uneducational environment. The Defendant stated in the process of the investigation that he was aware of the adoption at an elementary school, but he was able to deny it. In the event that the Defendant was aware of the adoption at an elementary school, the Defendant was aware of the adoption, and the two parts were abused to the two parts, and the Defendant was 7 years of age and 10 years of age, and the Defendant was gradually related to the two parts, and the Defendant was able to feel home stability through her mother.

The Defendant did not have interest in studies at the time of elementary school and middle school, and started to engage in minor deviation behavior from high school. After entering a high school, the Defendant retired from the school due to conflict with the students on board the school or teachers. After the retirement of from the high school, the Defendant began to look at an undisfortuous drinking behavior while working in an entertainment drinking house. The Defendant formed a distorted perception of sex as naturally exposed to the environment where women make women's sex commercialized and make women unfortunate, rather than the premise relationship, and led to the tendency to pursue one-time and extreme sexual relationship to resolve desire rather than the premise of friendship and ties.

2) Criminal history of the defendant

On December 28, 1995, the defendant was issued a juvenile protective disposition on December 18, 1995, and on September 10, 1996, the defendant was sentenced to a suspended sentence of ten months due to a violation of the Punishment of Violences, etc. Act, injury, or damage to property in Busan District Court. At the time of the suspended sentence, the defendant was detained in the case of attempted rape on July 27, 1997, and was detained in the case of attempted rape at the Busan High Court on January 14, 1998, and was sentenced to three years of imprisonment with prison labor for attempted rape at the Busan High Court on May 30, 201, which was the only day after the release of the defendant. After that, on March 21, 2001, the defendant was sentenced to imprisonment with prison labor from Busan High Court on March 21, 2002, which was sentenced to imprisonment with prison labor on September 26, 2006.

In the case of robbery rape in the year 197, the defendant attempted to capture the victim aged 9 years old from the street and take out money on a nearby rooftop, and tried to commit rape. However, the defendant attempted to commit rape, but he was aware of the victim's parents. The crime of kidnapping, confinement, and rape occurred in the year 201, which threatened the victim of the age 32 with a deadly weapon in the street, led the female under the age 32 to a rooftop at his house and detained him for nine (9) days after the end of the crime. At the time, the defendant argued that he intentionally accessed the victim by denying the crime that the victim was cruel with snow in the street, and that the victim was sexually approaching the victim.

3) The defendant's life in prison and life after his release

The Defendant, as the above case in 2001, constantly caused conflicts with other prisoners or correctional officers by assault, etc. leading up to 10 times in prison. Around 2005, the Defendant demanded that other prisoners or correctional officers be sent to a Jin prison and received treatment by going to a Jin prison, by going to a Jin prison, while going to a Jin prison. However, in the Jin prison, the head of the Jin prison did not present any particular symptoms. Meanwhile, in light of the current interview record, etc., the Defendant did not hiding out retaliation, such as talking that the Defendant would not only keep the victim after being released from prison, to a person who was finite with the victim of the above 2001 case.

The Defendant, through the introduction of Kim D26, who became aware of in the inner prison after the discharge, was released from the prison, even though he was locked at the center located in Ansan-si, and went to Busan at that time. While the Defendant left with several friendships, the Defendant concealed his status by introducing him as KimE1 and as an authorized criminal, and his friendship was not aware of the criminal history of the Defendant. The Defendant committed the first crime of this case even after the discharge of his her son and her son and her son for seven months after the discharge of his son and her son and son for whom her son and son was sent in Busan.

4) The background, means and result of the crime, and the circumstances after the crime

A) Crimes against the victim strongC

The Defendant: (a) threatened the victim’s body, who was frighten from the aftermac of the victim’s lecture; (b) threatened him with a deadly weapon; (c) led him on the rooftop of a neighboring building; (d) led him/her to rape; and (e) obstructed the victim’s body from escape, such as the victim, for more than 10 hours after rapeing him/her; and (d) detained him/her. In the course of rape, the Defendant argued that the said victim was frighten by assault and intimidation of the Defendant; (d) allowed the said victim to go off his/her clothes and immediately leave the Defendant’s sexual organ. The Defendant argued that the said victim was 5 million won at the time of confinement; and (e) during the criminal investigation agency and this court that the victim was 5 million won at the time of rape; and (e) took advantage of the agreement on the victim’s sexual intercourse with the victim for the purpose of paying off 500,000 won to the victim; and (e) took advantage of the agreement on the victim’s sexual intercourse.

B) a crime against the victim C1

The defendant, while living in the case against the above lecture, had intruded on the house of 12 years old who graduated from an elementary school of this c1, and concealed the female into a water tank where the body was living in the neighborhood. Unlike the case of escape from the defendant without being killed by the defendant, the victim Da1 who graduated from the elementary school of this c1 was actively resisting suffering and fear of fear, or did not allow the defendant to do so. This is the victim's face, the result of autopsy, etc. of the previous c1, and the above injury was found in the process of rape by the defendant's age. Furthermore, in light of the general circumstances, the victim c1, who was an adult victim c1, was found to show how much assault and assault the defendant to suppress the above C1's resistance against the above c1. Furthermore, in light of the fact that the victim c1, who was the adult victim c1, was sexually and seriously ill in the process of rape.

The above C1, while the office is observed together with the omission, was left at the PC house with the wind, and the scam was scambling, and the scambling of the crime was scambling. The scambling character and the unfair scambling of the above victim's scambling is an evaluation around the above victim. In view of the fact that the above victim scambling in the course of the crime, while the above victim scambling in the process of the crime, and the defendant's scambling of the above victim was scambling in order to avoid the crime in an abandoned house in the south of the defendant's own

Even after the crime against the above C1 was committed, the Defendant was arrested by the police officer who searched an abandoned house, etc. while the Defendant continued to escape, and the above damage was inflicted upon the police officer from the investigation agency to this court.

On the other hand, most of the cases against the above victims and their bereaved family members do not know about the crime of death.

C) A thief

The Defendant, as indicated in paragraph (3) of the judgment that led to the escape life after committing the crime with respect to the above C1, stolen cash, etc. by intrusion into the beauty room at night, and the Defendant, unlike other crimes, recognized that the part of the crime was committed in a net order.

5) Nature of the defendant

(A) character and attitude;

The Defendant appears to have neglected his ability to take advantage of another person’s criticism or land register, or to have revealed his sense of self-esteem. In the process of the instant investigation, he also told that he can escape from a detention house at any time when he knows that he is guilty of his mind. In addition, the Defendant, who reported the external world bruptly and interpreted the interaction between the people, and was treated unfairly. At the time of the judgment in the instant case in 2001, the Defendant asserted several times by submitting a written application, etc. that he had been convicted of himself at the time of being tried, and was treated unfairly in the investigation process due to the lack of a person to help him in the house. In addition, even during the instant trial process, the Defendant expressed an objection that the investigation by an investigative agency about himself or the trial process by a court is excessively bullying.

B) In light of each of the crimes committed by the Defendant who committed cognitive distortions on sexual assault and the following circumstances, the Defendant shows an attitude toward fluoring women, and instead, did not have any pain to the victim, and transferred the victimized women with the responsibility and cause of sexual assault to the victimized women, etc., thereby clearly revealing the cognitive distorted tendency to rationalize and justify sexual assault.

C) Violence inclinations

The Defendant began to do so from middle school to ensure the well-being of fighting, and voluntarily stated that the Defendant continued to engage in the practice of happiness in the Ansan prison even during the swimming. The Defendant generated not only the assault case from 10 times in prison to 10, but also shows that most of the past crimes committed by the Defendant, including the instant case, have violent inclinations.

6) Whether mental disorders, etc. exist

Around 205, the Defendant complained of mental problems, such as summons and the network, at the time of serving a prison life. In relation to the instant case, the Defendant asserted that most of the psychological issues, such as the Defendant did not memory, and made a statement as if he/she had committed a crime by using another person in his/her body. However, at the time, C6 stated that a specific emotional response or abnormal behavior to support the symptoms complained of the Defendant at the time in this court was not observed in this court. The Defendant’s mental sentiment during the instant investigation process was diagnosed as having a criminal capacity as an anti-social personality disorder. In fact, examining the content and attitude of the Defendant’s statement made by the investigative agency and the court from this case, it appears that the Defendant had the reservation that it is supported by objective evidence, but appears that he/she is not able to memory an important part of the case, or that he/she is not aware of any other mental disorder in the process of committing a crime or asserting that he/she does not have any other mental disorder at all or any other unfavorable behavior or behavior in the process of his/her own.

In addition, the Defendant appears to have argued to the effect that he would not be memoryd at the time of committing the crime. However, the Defendant did not raise any particular problem while drinking alcohol in the place of friendship with her natives, and the Defendant heard the horses of women who were sexually abused from her natives in the place where they drink with her natives, and tried to find out her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her her her her her her.

The Defendant, who was sexual assaulted and punished for the past, committed rape by assaulting the victim strongC, which was almost similar to the number of sexual assault crimes punishable in the past, and committed rape again. Furthermore, the Defendant: (a) kidnapped and homicide 12 years old who was under one’s care; and (b) committed rape; and (c) homicide 12 years old who was under one’s own care. As such, the Defendant’s criminal act itself is very anti-human and anti-socially, as well as repeated criminal acts, and the number of such methods is more blick and cruel. The Defendant’s sexual assault and blick 20 years old, who was sexually female, cannot be expressed by the victim. The victim Nonparty 12 years old who graduated from an elementary school, was unable to complete the deliberation on the victim’s life and the bereaved family, and the Defendant was unable to complete the deliberation on the victim’s life and the bereaved family member’s life and the bereaved family member’s life and the bereaved family member’s life and the bereaved family member’s body were not able.

The sea recognized that the value of all human life cannot be high. Therefore, the life of the victim who made a sacrifice in this case as well as the life of the defendant is sensitive to all. However, the victim tried to start a new life by entering a middle school after having graduated from an elementary school. Considering that the situation or society is the foundation for actively protecting the weak, such as women, from violence, etc. in the age of 12, it is difficult to maintain social order. Considering that 33 years of age and 9 to 30 years of age, it is difficult for them to treat their lives through rape or rape, and that there is no possibility that the defendant would be no longer cruel for the victim’s life by failing to meet his/her own sexual desire, and that it would be more likely for him/her to commit a crime in the past, and that it would be more likely that he/she would not have any more cruel or she would not have any more cruel responsibility for his/her life by failing to meet his/her own sexual desire.

Of course, even though a dead victim who has been punished by extreme punishment does not return to the life of the victim, imposing criminal responsibilities corresponding to his/her act would be a way to preserve the society as well as to preserve the society. It is also the responsibility of this court. Although the death penalty is a very limited punishment that is a very cold punishment that deprives the human life of itself smoothly, it is an extremely exceptional punishment that can be presented by the State of the name of the country. However, even if the death penalty is a very exceptional punishment that can be presented by the State of the name of the Gu, considering the various circumstances as seen earlier, the defendant is isolated from our society in light of various aspects, such as the degree of responsibility for each crime of this case, balance between the crime and the punishment, punishment, punishment response to the crime, social protection, warning against the potential criminal suspect, etc.

3. Where a conviction of the Defendant against the instant criminal facts against the Defendant liable to submit personal information is finalized, the Defendant is a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant is obligated to submit personal information to the competent authority pursuant to

The presiding judge, the number of judges;

Judges Lee Jong-tae

Judges Shin Jae-won