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(영문) 서울서부지방법원 2011. 9. 15. 선고 2011고합79 판결
[살인][미간행]
Escopics

Defendant

Prosecutor

Cho Nam-nam et al.

Defense Counsel

Attorney Lee Jong-hun et al., Counsel for the defendant-appellant

Text

A defendant shall be punished by imprisonment for twenty years.

Criminal facts

At the time of January 201, 2011, the Defendant was a person who was 4 years old with ○ University Youth at △△△ Hospital Hospital.

When the defendant was an elementary school student, the father of the defendant, after the business was unable to be performed, was suffering from cerebral sule due to symptoms, such as assaulting the mother of the defendant and verbal abuse, etc., and the mother of the defendant was suffering from cerebral sule, and the defendant's family's livelihood was maintained by a difficult family type.

In this situation, the defendant got up to the computer game and the saponsor theory from the time of birth, and when college students get up to the game 8 - 10 hours a day.

피고인은 피해자 공소외 23(여, 28세)과 2003. 3.경부터 교제하다가 2009. 5. 16. 결혼식을 올리고 서울 마포구 (이하 생략) ☆☆☆☆☆ ▽▽▽▽호를 임대차보증금 1억 5천만 원, 월세 30만 원에 임차하여 살았다. 위 ☆☆☆☆☆ ▽▽▽▽호의 임대차보증금은 피고인이 대출하여 마련하였고, 대출이자와 월세는 처가에서 내고 있었다.

As long as the Defendant started to talk with the victim, the victim and the game problem are proved to be the victim, and the victim, after marriage, has the nature of so-called “short-term” to the parent, female, friendship, etc. of the victim, and also discussed the complaint that only game is conducted at home.

On January 6, 2011, the Defendant, at the first qualifying examination for medical specialists on January 13, 201, played games daily from January 6, 201 to October 10 of the same month, such as conducting games for about 3 hours and 14 minutes, etc. On January 6, 201. All of the Defendant’s office computers and Nohbuk-do computers were stored 97 game files, 47,413 market offices.

From February 2, 2011 to March 2, 2011, the Defendant was scheduled to serve as a military doctor or a public health clinic, and the victim working as a teacher in a kindergarten in Sungnam-si was scheduled to be given birth to the first child around February 2, 201, and the term of lease of the above residence terminated on March 2, 2011. Thus, the victim and wife moved to a wife where the victim and the defendant have come to know the address for the victim's childbirth, and the Defendant was working in the Seoul Special Zone Hospital in the Armed Forces Seoul Special Area after passing a medical specialist examination and wanting to live together with the victim. If the Defendant failed to pass a medical specialist examination and works as a public health doctor in a local area, the victim must be left separately from the Defendant, and the Defendant and the Defendant continued to reside.

On January 13, 2011, the Defendant: (a) went through the first qualifying examination for infants and medical specialists in 2011 a.m.; (b) the examination was set to be very difficult compared to a towing year; and (c) the Defendant was unable to conduct the examination. On January 13, 2011, the Defendant discussed complaints and the result of the examination on the issue of the qualifying examination for medical specialists with the victim after returning home at around 17:46. Furthermore, on January 13, 201, the Defendant discussed the complaints and the result of the examination with the victim. From around 19:39 on January 13, 201 to 20:35 on January 13, 2011, the Defendant visited the Internet site, such as (Internet address 1 omitted) and (Internet address 2 omitted) from around 20:10 to 14:20 on January 13, 2011, and then came to the Internet website from 10:14:20 on May 16, 2014:

피고인은 2011. 1. 14. 03:05경부터 06:41경 사이에 위 ☆☆☆☆☆ ▽▽▽▽호 피고인의 집에서 피해자와 다투던 중 격분하여 손으로 피해자의 목을 누르고, 피해자가 피고인의 팔을 할퀴며 저항하였음에도 계속하여 손으로 피해자의 목을 힘껏 눌러 피해자를 목눌림 질식사로 현장에서 사망하게 하여 살해하였다.

Summary of Evidence

1. Each legal statement of Nonindicted 12, 20, 17, 10, 22, 11, 24, 9, 4, 7, 25, 25, 6, 26, 18, 27, 3, and 21 of the witness;

1. Partial statement of Nonindicted 16’s witness

1. Partial entry of each prosecutor's protocol of suspect examination of the accused;

1. The prosecutor’s statement concerning Nonindicted 5

1. Each protocol of seizure, the list of seized articles and photographs thereof;

1. A corpse of corpse;

1. The inquiry report on the request for appraisal (the investigative record No. 472 pages, No. 999 of the investigation record), the inquiry report on the request for appraisal (the investigation record No. 948 of the investigation record), the further inquiry and reply to the results of autopsy, the response to the request for appraisal, the reply to the request for appraisal, the reply to the request for appraisal by the State and the acceptance, the current status of the requests for appraisal by the State and the acceptance, and the inquiry for appraisal by the State and the acceptance;

1. Records of the scene of murder (not more than 2056 pages), recording records (not more than 2456 pages of investigation records), records of the scene of murder (not more than 2456 pages of investigation records), photographs of collection and seizure of the site, photographs of the upper part of the suspect's body, and records of investigation;

1. Each data meeting and details of health insurance benefits;

1. The identification card of the victim;

1. Data to be submitted by Busan and a medical doctor non-indicted 21

1. On-site guidance and photographs (including photographs of victims, and not more than 14 pages of the investigation records);

1. 피고인 사진 17장(수사기록 제102쪽 이하), 휴대폰으로 추정되는 물건을 들고 가는 사진, 피의자 피고인 소유 지갑 사진, ☆☆☆☆☆ CCTV 영상 사진(27장), 학술정보관 3층 노트북 열람실 내부도, 학술정보관 CCTV 영상사진(8장), CCTV화면 위치, 엘리베이터 내부 CCTV 사진, ▽▽▽▽호 사진 9장, ▽▽▽▽호 사진 5장, 피고인의 사진 7장(수사기록 제3413쪽 이하), 현장사진(수사기록 부록 제10쪽), 현장사진 국과수 감정모음, 사건현장 사진기록, 피고인의 상처부위

1. The vice inspector CD, CCTV images, site, and Defendant’s photograph;

1. Request for cooperation in investigation (CCTV perusal and reproduction);

1. 각 수사보고(변사자 남편 상처부위, 현장출동상황, ☆☆☆☆☆CCTV 판독수사, 피의자 휴대폰 분석, CCTV에 촬영된 쇼핑백, 변사발생이후 상황, 가사도우미 상대 수사, 파손된 조명기구 구입처 방문, 압수수색검증영장 집행과정 및 결과, 유전자감정의뢰 회보, 중앙도서관 CCTV 분석, 섬유 검출여부 감정의뢰 회보, 피고인 통화내역 분석, 변사자의 아침식사 관련, 직장동료의 통화기록 정리서 제출, 피고인의 추가 휴대폰 파악, 담당 법의관 면담 및 질의, 조명기구 모의 실험, 현재시간과 CCTV와의 시간차이, 학술정보관 내 피의자 행적, 변사자 출근시간 수사, 피의자 주변인물 수사 등, 신용정보조회 회답서, 디지털분석결과, 피고인 출근패턴 분석, 13·14일 통화내역 분석, 병의원 내역, 아파트동 지하 1층·지상1층 평면도, 욕조 혈흔 상태, 피의자 피고인 휴대폰 모바일 분석, 피의자 피고인의 업무용 휴대폰, 피의자 피고인의 업무용 휴대폰 모바일 분석 관련, 디지털 분석결과2, 디지털 분석결과3, 사망추정시간에 대한 전문자료 첨부, 가사도우미 1. 14. 행적 수사, ☆☆☆☆☆ 전체 CCTV 사진 분석, 2차 가사도우미 1. 14. 행적 수사, 119신고 녹취기록, 피의자 주거지 출입상황, ☆☆☆☆☆ 입체 평면도, 피해자 공소외 23 휴대폰 모바일 분석, 피의자 성적증명서 첨부, 제중관 의국 CCTV 오차 범위, 피해자 휴대폰 알람 설정에 대함, 통신수사에 대해, 현장검증시 알콜솜 발견에 대함, 경비근무일지 사본, 생활기록부 사본 첨부, 육군서울지구병원 인사 장교 통화, 디지털 증거분석결과 첨부, 피의자·피해자 사진 첨부, 피해자 휴대폰 모바일 분석 첨부, 전문의자격시험 최종 결과 첨부, 전문의자격시험 합격 기준, 피의자 컴퓨터 저장 파일 캡쳐화면 첨부, 2011. 1. 14. 날씨 확인), 각 첨부 서류 및 사진 포함

Application of Statutes

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

Article 250(1) of the Criminal Act (Selection of Imprisonment or Imprisonment for Imprisonment)

Judgment on the argument of the defendant and defense counsel

Ⅰ. Basic facts

According to each evidence of the judgment, the following facts are recognized:

1. Growth process of the accused, marriage with the injured party, etc.;

The defendant was born in the second sentence of 1980, and the father of the defendant at the time of elementary school students had a large amount of damage due to the failure to implement the printing business, and the father of the defendant at the time of elementary school students has grown in an economically difficult family situation due to the her mother's family-related work and maintenance of his family's livelihood.

In the above environment, the Defendant was influenced by the unconstitutional mother who emphasizes only the public book in the above environment and the ○ University’s major graduate from around February 1996, and served as an intern at △△△ Hospital for one year from March 2006, and served as an intern at △△△ Hospital from March 2007. In the process of these growth, the Defendant was able to perform a computer game and a board branch for 8-10 hours a day, and 8-10 hours a day at the university, and 8-10 hours a day at the university, and 8-10 hours a day at the university.

On the other hand, in 1982, between the father, non-indicted 20 and her mother, who operates a distributor and a manufacturer in 1982, was born to the head of the first South and North Korean women in a relatively happy environment, and graduated from the English language department of a graduate school like the Gandong University in the Republic of Korea, and from February 2008, the victim was working as a teacher in the English kindergarten located in the area of Sungnam-si.

○ 피고인과 피해자는 2003. 3.경부터 교제를 시작하여 2009. 5. 16. 결혼하여 서울 마포구 (이하 생략)에 소재한 ☆☆☆☆☆(이하 ‘ ☆☆☆☆☆’라 한다) ▽▽▽▽호(이하 ‘피고인의 집’이라 한다)를 임대차보증금 1억 5천만 원(피고인이 대출 받음), 월세 30만 원에 임차하여 살았고 대출이자와 월세는 처가에서 내고 있었다. 그리고 처가에서는 약 10년 전 피해자 명의로 용인시 소재 아파트(2012. 8. 입주 예정)를 분양받아 분양대금을 납부하고 있었고, 피고인과 피해자는 장차 위 아파트에 입주하기로 주4) 하였다.

○ The Defendant initially disputed with the victim as a game problem of the Defendant’s game, for a long time, and the victim was living together with the victim, and the victim did not frequently make a negative reference to the Defendant before marriage without any big conflict. However, when the house is located, the Defendant mainly provided a mixed game in the room, and the victim was able to look at TV in the ward (after marriage, the victim was able to go through a mixed film). Accordingly, the victim was able to discuss the victim’s parents, women, and relatives, etc., who are only game in the house, and the Defendant was able to say that there is a so-called “be” in the so-called 5).

2. Facts prior to the occurrence of the case

○ The Defendant completed the rework process and was scheduled to serve as a military doctor or public health service during the period from February 2, 201 to March 2, 201 of the same year, and when passing the qualifying examination for medical specialists on January 2, 2011, the Defendant’s house was able to serve as a military doctor at the end of February 2, 201. Moreover, the term of the Defendant’s house’s lease was anticipated to be terminated as March 2, 2011, and the first baby was anticipated to be pregnant between the Defendant and the victim was planned to move to the wife at the time when the Defendant was born, and the victim was planned to move to the wife at the time of birth and to engage in postnatal care. In addition, when the Defendant is to serve in a local area, the Defendant and the victim should separate from the Defendant or the victim should leave his workplace, and the victim continued to work as the victim and his wife at the National Armed Forces Hospital located in Seoul Metropolitan City, which had passed the qualifying examination for medical specialists and continued to work in his workplace.

On the other hand, in 2011, the National Armed Forces Seoul District Hospital has been discharged from the military service and one military officer, so there was one person assigned to the military, and the successor mainly recruited the appointment by receiving an application from the person who wants to participate in the military service. At the same time, four of the appointments who were discharged from the military service were assigned to the defendant at the same university as the defendant, and four of the appointments who were discharged from the military service submitted the same document of his own written statement to the above appointments (refer to the defendant's prosecutor's statement, etc.).

○ On January 13, 2011, the Defendant continued to conduct the first qualifying examination for medical specialists (hereinafter “the first qualifying examination”), and did not attend the ○○ University Science Information Center, etc. from November 201 to January 14, 2011, the Defendant entered the school at ○○ University. From November 1, 2010 to January 14, 201, the date when the Defendant entered the academic Information Center was 54 days in total, and the date when the Defendant entered the school on January 14, 201, other than the date of the instant case at 07:28 (round 1, 2010: 0: 10: 10: 10: 10: 20: 10: 10: 10: 10: 100 of the date when the Defendant entered the school on January 14, 201 (round 20: 10: 10: 209: 10: 10: 100- 109: ; 209: 100. . 100. . .

On January 6, 2011, 201, the Defendant, who had the first test on January 13, 201, performed a game for about 3 hours and 14 minutes (no record was entered into an academic information center). By the 10th day of the same month, the Defendant performed a game for 1 hours and 2 hours a day and 7th day a day before the same month, and all 97 game files, 47,413 of the Defendant’s office computer and the Nowon-North Korea’s office computer were stored.

○ 피해자는 피고인 소유의 (차량등록번호 생략) 폭스바겐 승용차를 이용하여 출근을 하였는데, 2010. 12. 1.부터 2011. 1. 13. 사이에 ☆☆☆☆☆ 주차장 출구에 설치된 차량 번호판 인식 CCTV에 녹화된 위 차량의 출차시간 중 가장 빠른 시간은 ‘07:12’(2010. 12. 24., 수사기록 제733쪽)이고, 가장 늦은 시간은 ‘07:44’(2010. 12. 23., 수사기록 제732쪽) 주8) 이다.

The Defendant’s house was 40,00 won per day from June 9, 2010 to January 12, 2011, when the victim was pregnant, and the Defendant’s house was cleaned from June 9, 201 to January 12, 201. The Defendant’s house was 09:0 to 13:00 per week from June 12, 201, and the Defendant’s house was opened. Nonindicted 10 opened the entrance password, notified the Defendant in front and after the entry, and completed cleaning. In addition, Nonindicted 10 did not have any low specifications for the maintenance of the Defendant house at the time of the cleaning by Nonindicted 10. At the time of the cleaning by Nonindicted 10, the Defendant house was breed and breed mainly in the table.

3. The records of the preceding day of the case and the accused and victims on the day of the case;

At the time of 7:00 on January 13, 201, the Defendant: (a) sent the first test from the house to 12:00, and (b) sent a personal information to the professor in charge from 3:0:0 to 4:00, and (c) returned to the victim at 4:0:0:0,000 on the 17:46:10,000 on the same day. According to the video recorded in CCTV installed in the elevator, the Defendant, at the time, returned to the victim and the Defendant, facing the opposite and opposite to the victim.

On the other hand, at around 15:00 on January 13, 201, the victim retired from the kindergarten with Non-Indicted 11, and there was no injury to the victim’s face at that time. The victim did not work before and after the usual 8 hours even after the time of the attendance of the kindergarten nine hours, and there was no room for the victim to be absent from the school. On the same day, the victim reported the daily forecast to Non-Indicted 11, and reported that “I have a lot of snow (1. 14.)” on January 14, 201.

○ On January 13, 201, the victim returned to the house with the Defendant on January 13, 201, and thereafter, at around 17:48 (on the basis of the mobile phone content time) the mother of Non-Indicted 12 and 04:12, and the victim did not talk about the Defendant’s examination. In this case, the victim stated that “the Plaintiff was at the Bank Library (the date the foreign vessel owner gets her early to transfer to his own country) and her kindergarten ended, and the Defendant her sckes from the sckeus sckeus.” (the date the foreign vessel gets her early to transfer to her country) and did not talk about the Defendant’s examination.

On January 13, 201, from around 19:53 to 20:40 of the same day, the victim visited various shopping sites by accessing the Internet using smartphones. At around 20:20 of the same day, the victim visited the NAS Gaba, “S Dom” (Investigation Record No. 1712).

○ From around 19:39 on the same day, from around 19:39 to around 02:56 on January 14, 2011, the Defendant had access to the Internet site (Internet address 1 omitted) and (Internet address 2 omitted). From around 20:35 to around 14, 21:41, the Defendant began to call from his mother for 04:08,000, the Defendant’s telephone (the Defendant stated that 15 was sent to the Defendant’s phone at a small room) and then terminated the computer by linking the Internet site, such as (Internet address 2 omitted), and by posting a text related to real estate investment, etc., at around 16:05, around the same day.

○ 피고인은 2011. 1. 14. 06:41경(지하1층 엘리베이터 복도 CCTV 기준) ☆☆☆☆☆ 22층 엘리베이터에 탑승하여 지하1층에서 내렸는데 엘리베이터 안에서 자신의 이마에 있는 상처를 거울에 비춰 보았다. 그리고 당시 피고인은 검은색 책가방을 어깨에 메고 흰색 쇼핑백을 손에 들고 가서 □□□□□병원 숙직실에 있는 피고인의 책상 아래에 쇼핑백을 둔 후 같은 날 07:14경 ○○대학교 중앙도서관 게이트 입구를 지나 학술정보관 노트북열람실에 들어갔다. 한편, 사건 발생 이후 확인 결과, 위 쇼핑백에는 주사기, 멸균거즈, 청진기(부품 포함), 수액, 수액 주사바늘, 리도카인 주사액(국소마취제), 헤파린(혈액항응고제)이 들어 있었는데, 이 중 리도카인 주사액과 헤파린을 제외한 물품은 피해자가 유치원에서 교육용으로 사용하기 위하여 피고인을 통하여 □□□□□ 병원에서 가져온 소모품이고, 2011. 1. 3.경 유치원에 가져와서 1. 12.경 피해자가 다시 가져갔는데, 장부에 적지도 않는 것으로서 병원에 반드시 반납하여야 할 물품은 주17) 아니었다.

○ The Defendant, who was assigned a job in the Nowon-gu Access Room within an academic information center, re-assigned the window, but changed the window, was not equipped with CCTVs in the access room (see Investigation Records No. 897 pages), and there is no video recorded in CCTV installed in the access room in the access room in which at the time he did not have CCTVs in the access room (see Investigation Records No. 897 pages).

At around 08:55 on the same day, the Defendant sent a phone to the head and Nonindicted 12 at the reading room of Nonindicted Party 12, and the Defendant stated that “after 9:0, there are many persons who are making it difficult to conduct a test,” and Nonindicted 12 stated that “after 4:0 :0 :0 :0 :00 :0 :0 :0 :00 :0 :00 :0 :00 :0 :0 :0 :0 :00 :0 :0 :0 :00 : 19:0,000 ; 20:0 :0 :00 :0 :0 :0 ; 3:0 :00 :0 ; 4:0,000 :

○ The Defendant, from 12:26 to 12:44 on the same day, moved out from the library set up through the central library set up to the reading room at around 12:44 again. According to CCTV images at the time, there is a face where the Defendant was fluoring spug and the Defendant’s right side spacker 21).

○ Meanwhile, Nonindicted 11, who did not work for the victim’s first time more than one hour, began to call for the victim at around 08:56 on the same day (at least 10 times from that time to 09:30 on the same day, 556 pages of investigation records), with the workplace rent set at several times from that time to 16:49 on the victim’s cell phone until 17:11 on the same day, but did not call, 45 out of the absence of telephone, and 14 out of the non-verification text messages that did not confirm.

The Defendant’s work bonus at ○○○ was known of the Defendant’s mobile phone number on several occasions from 09:34 on the same day to 09:34 on the same day, and the Defendant’s mobile phone from 16:49 on the same day to 16:49 on the mobile phone, including the Defendant’s text message to rapidly call with an absentee telephone (the victim’s work bonus was phone). Moreover, the Defendant’s 1318 mobile phone usage was confirmed, and 35 out of the absence phone was concentrated on January 14, 201, and the details were 10:50-208 of the mobile phone usage between November 1, 201 and December 30, 2011.

In order for the victim to have no contact with the victim and the victim, the victim's workplace rent was found to be the apartment of the victim's mother Nonindicted 13 who was recorded in the victim's domicile, and the victim's phone number was known through the management office. At around 16:40 on the same day, Nonindicted 13 asked Nonindicted 13 to explain the above circumstances. Accordingly, Nonindicted 13 immediately called Nonindicted 12, and Nonindicted 12 called Nonindicted 12 to the kindergarten, and immediately called the victim, but not immediately called the victim, at around 16:46, Nonindicted 16:50, who did not have the response, sent the Defendant a phone call to the Defendant, and the Defendant received the phone call.

○ 공소외 12는 위 전화 통화시 피고인에게 “피해자가 전화를 받지도 않고 유치원에 출근도 안 했는데 어떻게 된 것이냐. 집에 가보라”는 등의 말을 하였고 주23) , 공소외 12와 전화를 끊은 후 피고인은 16:52경 부재중 전화가 와있던 피해자의 직장동료 공소외 14에 전화하고 피해자의 휴대전화나 집 전화로는 전화를 하지 않고 곧바로 집으로 출발하였다. 그리고 피고인은 집으로 가는 택시 안에서 그날 부재중 전화가 2통화가 와있던 피고인의 동료 공소외 15에게 16:55경 전화를 하였고 ☆☆☆☆☆에 거의 이르러 피해자의 휴대전화로 17:04경 1차례 전화를 주24) 하였다.

○ 피고인은 주25) 17:07경 ☆☆☆☆☆ 1층 엘리베이터 복도에 도착해서 엘리베이터를 타고 22층에 있는 피고인의 집으로 갔는데, 당시 엘리베이터 안의 CCTV에 녹화된 영상에 의하면, 피고인은 엘리베이터 안을 서성이며 자신의 얼굴을 거울에 비추어 보기도 하고 왼쪽 팔의 소매를 걷어 올려 상처부위를 보기도 하였다.

○ The Defendant found a victim who died in the bathing room after taking a password and entering the house, and asked Nonindicted 12 at around 17:09:47, the Defendant called Nonindicted 12 to “the victim who died in excess of his/her bath. The same shall apply hereinafter.” (at the time Nonindicted 12 was dead in his/her female life and was in the house of the victim), and immediately after leaving his/her hair and telephone around 17:11:45, the Defendant did not look at or observe the victim’s desire (at the prosecution’s statement, 26), and called “the victim died in excess of his/her bath............. The same shall apply to Nonindicted 12 at the time)” (at around 17:158, he/she reported that Nonindicted 12 was aware of his/her desire to kill him/her by phoneing at around 117:158, and that Nonindicted 12 was in the house of the victim.

○ 피고인은 이후 같은 날 17:13경 112에 신고하였고, 마포경찰서 ◁◁지구대에 근무하는 공소외 16 경위 등이 현장에 출동하여 17:20경 119대원( 공소외 17 반장 등)을 ☆☆☆☆☆ 1층에서 만나 함께 피고인의 집으로 올라가서 피고인의 안내를 받아 욕실로 갔다. 이때 공소외 17이 피고인에게 “시반이 형성되어 사망시기가 명백하게 나타났다”고 말하자 피고인은 “시간이 좀 된 것 같다”고 이야기하였고, 공소외 16은 피고인과 신고 경위 등에 대한 대화를 주27) 나누면서 피고인의 이마와 관자놀이 부위에 상처가 있는 것을 보았는데, 당시 피고인은 거실 세면대 쪽으로 가서 수도꼭지를 틀어 손으로 입을 축인 후 수건으로 입을 닦고 거울을 보고 나서 수건으로 이마의 상처 부위를 주28) 닦았다.

○ 한편, 마포경찰서 강력팀 소속 공소외 18 순경, 같은 경찰서 과학수사팀 소속 공소외 8 경사 등은 같은 날 17:40경 ☆☆☆☆☆ 주차장에 도착하여 17:55경 피고인의 집에 올라가서 사건 현장을 살피면서 현장사진을 찍었고, 공소외 8은 18:10경 변사자의 사인이 불분명하다고 과학수사팀장 공소외 19 경위에게 연락하여 공소외 19 경위가 18:40경 현장에 도착한 후 18:41경 욕조에 있던 피해자를 재촬영하였고, 18:48경 피해자를 욕실에서 꺼내어 18:50경 안방 바닥에 눕히고, 19:35경 □□□□□병원 운구차량을 이용하여 □□□□□ 병원으로 이동하여 20:04경 □□□□□병원 영안실에 도착하였다( 공소외 18, 8 법정 진술 및 수사기록 제290쪽, 제687쪽 등).

○ 공소외 8 등이 도착한 후 사체를 옮기기 전 사이에 공소외 12와 공소외 20은 현장에 도착하였는데 공소외 20이 피고인의 이마와 귓불 밑에 상처를 보고 피고인에게 “너희들 싸웠니”라고 묻자 피고인은 “일방적으로 피해자에게 당했죠. 전문의 시험에 누군가는 떨어질 수 있다.”라고 말하였고 공소외 20이 재차 “이마는 왜 그래”라고 묻자 피고인은 일어나 싱크대 쪽으로 걸어가서 위로 열리는 찬장문을 열며 “여기서 그랬습니다.”라고 주29) 말하였다.

4. The body, site, appearance, etc. of a defendant at the time the body is found.

At the time of the first examination after the death of ○○, the victim was able to wear the clothes and take the right bridge on the part of the bath, the center part of the bath, and the head was located on the right side of the bath, and was in the direction of the plenary line. In the body of the victim, knee and knee (knee) were faced with the outside part of the bath tank, and the floor was faced with the bath floor, but the body of the victim was in the bath, but there was a little space between the part and the bath floor, and the head was in contact with the front side of the bath floor, and the head was in contact with the left part (see, e.g., clothes).

○ The victim was able to wear contact lenses 7.5-8.5 observers on the outside, and the body was found. At the time the victim was found, the victim did not wear a warning or contact lenses. The victim was placed in the front line of the cremation in the cremation room between the inner and inner bathing room and the cremation room, and the contact lenses storage box 31 a week was placed in the cremation room, and the goods, such as showers, which were in the bath room, were placed in the front line of the cremation room. The victim was not able to wear the head, and was in the front state of cremation. The victim was in the front state of cremation.

At the time of discovery of the body of ○, the victim’s cell phone was set on the inside bank 32 weeks, but the victim’s cell phone inundation was set at 05:40, and the victim’s cell phone inundation was set at 06:10 and 06:15.

○ around 17:58 on January 14, 201, at around 17:58, the temperature indication of boiler at the Defendant’s house entrance was 21°C (Investigation Record No. 293 pages). At the time, the temperature of the bathing room measured by using the temperature system was 17-18°C. At around 20:25, the temperature of the bathing room was 14.9°C. At around 20:27, the victim’s primary workplace temperature measured by the above barracks was 27.1°C, and around 20:32, the second workplace temperature was 26.9°C.

○ ☆☆☆☆☆는 지하 6층, 지상37층(수사기록 제1628쪽)의 주상복합건물로서 피고인의 집인 ▽▽▽▽호는 지상 22층 통로의 제일 끝 쪽에 위치해 있고 엘리베이터 또는 비상계단을 통하여 22층으로 와서 현관문을 열고 들어오거나 주33) 창문 을 통하여 들어오는 외에는 달리 출입할 방법이 없는데 당시 현관문이 손괴된 흔적은 없었고 집안 내 물건 등이 피고인이 당일 아침 나갔을 때에 비하여 흐트러져 있거나 손괴된 흔적, 물건이 도난당한 흔적 또한 주34) 없었다. 그리고 당시 출입한 경찰관, 소방대원 등은 모두 신발을 벗고 피고인의 집으로 들어갔는데 공소외 8 경사가 현장에 도착한 직후 현장조명용 라이트(직광이 아닌 사광선을 이용)로 거실의 불을 끄고 바닥을 확인하였으나 신발흔적은 발견하지 주35) 못했다.

In the case where Non-Party 10 cleaned on January 12, 2011, the above lighting body was dissatisfyed under the cosatisfy on the inside of the Defendant’s house (Article 404 of the Investigation Records). At the time of discovery of the victim’s body, the above lighting body was dissatisfyed and accumulated under the cosatisfying (Article 404 of the Investigation Records).

○ ☆☆☆☆☆는 평일 05:00-07:30경에는 출입자들이 많지 않고 07:30경부터 출근하기 위해 나가는 사람이 많은 편이고, 신문배달원은 여자이고 우유배달원은 여자 1명, 남자 1명, 야쿠르트 배달원은 여자 1명인데, 신문과 우유는 새벽 4-5시면 배달이 끝나고 야쿠르트 배달은 07:30경에 끝나며, 택배, 음식배달, A/S 수리공, 이삿짐 등 외부 출입자들은 보통 9시 이후에 출입한다. 그리고 지상 1층부터 지하 6층까지는 자동문시스템으로 되어 있는데 자동문시스템은 보안카드가 있어야 출입이 가능하고 보안카드가 없는 사람들은 출입구에 인터폰이 설치되어 있어 입주자와 통화를 하고 입주자가 그 사람을 확인하고 문을 열어주거나 경비원에게 열어 달라고 해야 한다. 다만, 출입이 빈번한 시간에는 사람들이 나오거나 들어갈 때 따라서 들어갈 수는 있고 지상 1층 출입문, 지하 2층 출입문에는 CCTV가 설치되어 있는데 지하 2층부터 지하 6층 출입문에는 CCTV가 설치되어 있지 않고 지상 1층부터 지하 6층까지는 보안카드나 비밀번호가 있어야 비상계단으로 통과가 되고 2층부터는 보안카드나 비밀번호가 없어도 비상계단 출입이 가능하여 2층부터는 엘리베이터를 타지 않더라도 비상계단을 통하여 층 사이로 이동할 수 있고 엘리베이터 안에는 CCTV가 설치되어 있다( ☆☆☆☆☆ 경비원 공소외 24의 법정 진술).

○ 피해자의 사체 발견 당일 피고인은 유족 자격으로 경찰 조사를 받았고, 그 직후인 2011. 1. 15. 00:05경 피고인의 동의하에 촬영된 사진에 의하면 피고인의 몸에는 다음과 같은 상처들이 있었다(수사기록 제79쪽 이하, 현장 및 피고인 사진 CD 131번 이하 사진 등). 즉, ① 피고인의 이마 중앙에서 약간 오른쪽으로 치우친 부분에는 ‘ㄴ’자 형태의 상처가 있는데 그 중 ‘ㅡ’ 부분은 2cm 정도로서 약간 왼쪽 아래 대각선 방향으로 기울어져 있고 오른쪽 눈 방향이 보다 선명하고 왼쪽 눈 방향으로 갈수록 조금씩 가늘어지고 흐려지는 형태의 모양을 띠고 있으며, ‘l' 부분은 ’ㅡ‘부분보다 짧은데(0.5cm 정도) 중간 부분이 상대적으로 흐린 형태의 모양을 띠고 있다. ② 피고인의 왼쪽 팔뚝에는 아직 아물지 않은, 크기와 방향이 다른 불규칙한 형태의 상처들이 9개 이상 존재하는데(수사기록 84쪽) 그 중 가장 큰 것은 가로 1cm, 세로 0.5cm 정도이고 깊게 패인듯한 모양을 띠고 있으며, 왼팔목에 가까운 부분에도 2개 정도의 상처가 더 존재한다. ③ 피고인의 오른쪽 팔뚝 부분에는 5개 정도의 상처가 존재하는데(수사기록 제83쪽) 그 중 3개의 상처는 0.5-1cm 정도의 크기로서 보다 선명하고, 오른쪽 팔꿈치 부분에 상처가 1개 더 있다. ④ 피고인의 오른쪽 관자놀이 아래 부분에 ‘l'자 형태의 긁힌 듯한 상처가 있고, 얼굴부분(왼쪽 뺨 부분 1개, 오른 쪽 귀 아래 부분 2개)에 좁쌀만한 크기의 상처가 있다. ⑤ 피고인의 오른쪽 등과 어깨 부분에 ‘\’ ‘/’ 방향으로 긁힌 듯한 흔적과 상처(3cm 내지 6cm 정도)가 존재하며, 오른손 엄지손가락의 손등 부위에 0.5cm 정도 크기의 상처가 있다.

5. Results of appraisal, such as autopsy, autopsy, and trace of blood;

(a) Details of the death certificate;

In the case, Non-Indicted 9 of the ○○ death was examined by the victim on the day of the instant case, and the victim was re-exploited after moving the victim to the △△ Hospital, and prepared and submitted a written autopsy to the Mapo Police Station. The above written autopsy was written on the date and time of death “1.5 cm in 14.0-08:0 on January 14, 201, presumed to be presumed to be 06:08:0 on January 14, 201; “1.5 cm in m) the post of death is 2 cm in the telegraph; 37 m in the upper part; 4) the first half of the blood in the upper part of the body, the front part, the front part, the front part, the left part of the body (2 x3 m) and the 1.5 m. m. 15 m. m. m. m., “1.5 m. m. m. m.” on the right side of death.

(b) Matters stated in the autopsy and appraisal report;

○ On January 17, 2011, at the National Institute of Scientific Investigation (hereinafter referred to as the “State”) Nonindicted 4’s house, Nonindicted 4’s autopsy of the victim’s body was conducted by the National Institute of Scientific Investigation (hereinafter referred to as the “National Bureau”). Nonindicted 4, after reviewing the opinions with other legal officers of the State and number of other countries, and following the internal approval process, prepared and submitted to the investigation agency a written autopsy statement stating that “The possibility of pening the body will be considered preferentially,” with respect to the private person on February 1, 2011. The main contents indicated in the written autopsy report are as follows:

(1) Major autopsy opinions

(1) Face, head, and item.

I see a single, single, and blood type formation at the right right and right and right and right and right and right and the right and right and right and the right and right and the right and right and right and the right and right and right and the right and right and the right and right and right and the right and right and the right and right and the right and right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and

(b) To look at the skin of this part of this part of this part, the head of the ship that formed the upper part of the floor with the upper part of the left eyebrow facing the floor part, and the head of the ship close to the boundary of the upper part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this part of this case.

Abrecing from the front broom and left brooms, which are formed in the shape of the upper broom and the upper brooms and the upper frooms are cut back to the upper 40). I see that the upper brooms of the left brooms and the upper brooms of the upper brooms of the upper brooms of the upper brooms and the upper brooms of the upper brooms and the upper brooms of the upper brooms around the upper brooms of the upper brooms, and I see the upper brooms of the upper brooms from the upper brooms of the upper brooms and the upper brooms of the upper brooms and the upper frooms of the upper brooms of the upper brooms and the upper frooms of the upper brooms. (See 11-16)

(2) Body:

The thrings and the strings of water are highly sounded, and the strings do not see the strings from the upper side of the strings ( secondary inspectors 17,18).

(B) The (19-21) is not likely to cause damage to be peculiar in the chest part of the chest part, and the (19-21) is not deemed to be satisfying in the satisfy substance, and the satisfying in the satisfy part of the

A disease is not deemed to be a disease that may be peculiar to the heart beer, heart beer, and the heart beer in the heart beer, and the disease is not considered to be a disease that may be peculiar in the substance of sophpha, and is not considered to be a disease that may be peculiar in the substance of sopha (see, e.g., secondary examination 22-24).

Batch (see, e.g., e., d., d. 25) of a small amount of liquid content inside the upper limit.

fabrics, such as the heart, fabane, liver, bean, bean, dye, dye, and chye, and the internal substance of the fabrics, such as the heart, fabrics, and fabrics, and the fabrics or diseases that may be peculiar in

(3) Sale, bridges

㉮ 좌우 세모근부위, 왼 팔꿉부위 가쪽과 뒤쪽, 오른 위팔부위, 오른 아래팔부위, 오른 손목부위, 오른 손등과 손가락 등에서 멍을 보고, 오른 손등에서 국소적인 피부까짐을 봄(부검사진 19, 29~31참조).

(2) Prosecutor’s check

(1) The blood and the above contents of the victim, the scarcitys, organic dysiums, organic chysiums, etc. are not detected from the blood of the victim, the scarcitys, and the blood of the fetus rear and rear (based on the legal and scientific hysium and the appraisal by Nonindicted 28).

② Blood alcohol concentration is less than 0.010% per annum (in accordance with the chemical analysis of the Ministry of Law and Science and Nonindicted 29’s appraisal)

(3) An explanation

(1) It is deemed that there is no special disease that can cause the death in a dalse and a fetus within a womb, ② the skin sale, salposis, salposis salposis, salposis salposis, salphere, salphere, salphere and hole, salphere, such as snow part, etc.; ③ the face side and the salphere part are deemed to have become external force in the front of the dalphere part; ③ the salphere part in the floor and the salphere part in several places after the floor and the salphere part are considered to have been directly a private person; ② the salphere part is recognized to have many capabilities on the floor side and side of the salphere part; ④ the possibility of detecting any drug or salphere being combined with the substance of the salphere part in addition to the private person.

After ○ on February 16, 201, Nonindicted 4 prepared a reply to an investigative agency’s inquiry about the results of the above autopsy on February 16, 2011, and submitted it to the investigative agency to specify the private person as “the quality of a pen by hand”. The inquiry letter contains the following contents:

① In the case of a hacker, the hacker, or the hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacker’s hacks in many places, such as the front left side of the hacker’s hacker, etc., without a certain form. In the case of a hacker’s hacker’s hacker’s hacker’s hacker, etc., the victim’s hacker’s hacker’s h

② In the shape of a mixture of bloods from the body of the victim’s glargs, the victim’s glarging of the body is thought to be protruding the bloods from the body of the glarg in the direction of ear. In light of the field photographs submitted, the victim’s face side is left behind. In addition, the blood is not in accord with the attitude at the time of discovery of the glargs, and it is likely that the glargs will move or change her own conditions after a certain period of time.

(c) Results of appraisal, such as traces of blood;

○○ On the day of the instant case, the Defendant, while making a houset, was scambling cambling and white scambling on the upper part of the sexual harassment. The result of ex post facto evaluation, DNA type, which was detected in the bloodscambling of the Defendant’s backline, corresponds to the victim’s DNA type, DNA type, which was detected in the bloodscambing of the Defendant’s back on the left side retail, was combined with DNA type, and DNA type, which was detected in the bloodscambling of the Defendant and the victim’s bloodscambling, was detected in the bloodscambling of the Defendant’s nA type. In addition, in the bloodscambing of the Defendant’s cambling on the left side of the bloodscam learning, the Defendant’s dA type was detected, and the Defendant’s dA type was found in the bloodscam type, which was found in the bloodscam of the Defendant’s upper part and the DNA type.

DNA type detected in the shape of the Defendant’s blood was consistent with the Defendant’s DNA type. DNA type was detected in the shape of the Defendant’s chest, shoulder, and the lower part of the Defendant’s shoulder at the time, and the Victim’s blood was not detected in the Defendant’s bloodtain and DNA was not detected in the victim’s right handk, but in the victim’s left hand, the Defendant and the Victim’s DNA type were detected in combination with the Defendant’s DNA type (the investigation record No. 431, 953, 3751, and Nonindicted 6’s legal statement, etc.).

The Defendant’s DNA type was detected in the bloodsstain, semen, and typbbucks which were not confirmed at the victim’s location, but which were identified at the upper end of the buckbucks area by thefting the reflects (No. 3755 of the investigation record). The Defendant’s DNA type was detected in the bloodstains stored in the guns of wastes (the investigation record No. 3755 of the investigation record).

The DNA type of the victim was detected in the bloodtains of three parts of the defendant's house invasions (in the investigation record No. 1158 pages, etc.), and the DNA type detected in the mouths of the defendant's house invasions of the defendant's house invasions of the victim's DNA type was consistent with the DNA type of the victim's DNA type (in the case of the investigation record No. 1158 pages, etc.).

As a result of 45 poppy and dNA-type analysis on 6 poppy and 6 excessive one, the Defendant and the injured party’s DNA type were detected and the third party’s DNA type was not detected (Investigative Records No. 964).

6. Other matters.

○ On January 13, 2011, the Defendant: (a) was highly difficult to conduct the primary test (at least 60 marks of passing the qualifying examination for medical specialists); (b) from 2001 to 2010, the passing rate of the primary test with the boys was average of 93.86%; (c) 56.85% of the passing rate in 201; (d) 9, including the Defendant, were successful in the primary test among 16 16 bits working with the ASEAN Hospital, 2011, 201, 100 and 2010, 2010 and 2010 of the Defendant’s passing of the primary test with the boys Hospital’s passing rate of 10% from January 23, 2011; (b) 10% from January 20, 2011 to October 21, 2011; and (c) 2010 and 21010 of the primary test.

○ The Defendant moved his residence to the seat of his parents after the occurrence of the instant case. The Defendant moved 6 times in total to the Defendant’s house without having the police and carried out the case at the seat of her parents (where the victim’s fright was changed, January 21, 201, January 31, 201; January 31, 2011; February 9, 2011; February 14, 2011; February 14, 2011) (the Defendant’s or the Defendant’s punishment was married or accompanied). Of that, the Defendant did not contact the police on February 9, 201 and February 14, 2011 (hereinafter “Investigation Records”).

○ From the date of the instant case to January 20, 201, the Defendant was at the victim’s vacant site. From the family room of the empty site to January 18, 201, up to 22:0 to 23:04 on January 18, 2011, the Defendant visited the site to the (Internet address 1 omitted) website and reported approximately 12 of the sales site theory, and (Internet address 2 omitted) had access to the (Internet address 2 omitted) female-friendly gallon, and (Internet address 2 omitted) had access to the (Internet address 1 omitted) female-friendly gallon, and (3) had access to the (Internet address 1 omitted) at the same place to the (Internet address 1 omitted) north computer on January 19, 2011.

○ In around 2004, the Defendant did not receive medical treatment except for medical treatment under the presumed type of disease at the △△ Hospital at the △△△△ Hospital.

○ 피해자는 2002. 8. 6.부터 2003. 4. 25.까지 “신경성병적과식”으로 정신과진료를 받은 적이 있고, 2008. 4. 6. 갑산샘중독증(갑생샘기능항진증)으로 진료를 받은 적이 있으며 2009. 12. 12. 계류유산(자연유산)을 한 적이 있다. 피해자는 이후 다시 임신하여 2010. 6. 19. 서울 강남구 신사동 소재 ♤♤산부인과(원장 산부인과 전문의 공소외 21)에 내원하여 임산부에게 통상적으로 실시하는 모든 검사를 받았고 분만예정일인 2011. 2. 12.경 정상 분만할 것으로 예정되어 있었다. 한편, 피해자가 2011. 1. 10. ♤♤산부인과에서 측정한 혈색소(Hb) 수치는 WHO 기준 빈혈수치인 11g/dL 보다 낮은 10.7g/dL이었고, 피해자가 2010. 6. 29. 공소외 21의 병원에 내원하여 한 혈액검사 결과에 의하면, 피해자의 TSH(갑상선 자극 호르몬) 수치가 정상범위인 0.27-4.20 사이보다 낮은 0.1999로 나타나 있다.

Ⅱ Defendant and Note 48) Defense Counsel’s assertion and issue

1. Summary of the Defendant’s assertion

While denying the facts charged of this case, the Defendant asserts that: (a) the victim died from January 13, 201 to January 14, 201; (b) around 06:41, 201; (c) there was no physical conflict with the victim until the Defendant started home; and (d) the victim was living at home when the Defendant was living; (b) the victim appears to have died from the accident after the Defendant’s house and even if the Defendant was not a family accident, he did not die after the house; (d) the Defendant’s death from January 14, 201 to 06:41; (b) the victim’s death from January 14, 201 to around 03:05; and (c) the victim died from the place other than the bath room of the instant officetel (the more specifically known); (c) the Defendant died from the body of the body of the victim; and (d) the Defendant did not appear to have been able to prove the credibility of the evidence submitted by the prosecutor.

2. Issues of the instant case

A. The issue of this case as determined by the court of this case

The key point of the facts charged in this case is as follows: (a) from January 14, 201 to 03:05 on January 14, 2011, where the Defendant had a 51st head of the Defendant’s house with the victim, the Defendant divided the victim’s timber into 06:41, and murdered with the victim’s scambling as a scam. In order to be found guilty of the facts charged in this case, it should be proved that the cause of the victim’s death is a large-scale scamball (hereinafter “large-scale”) and that the Defendant died at the time of the victim’s house before January 14, 201 (i.e.,, the Defendant killed the victim before her house).

Therefore, the issue that is the most logical priority in this case is whether the cause of the victim’s death is a liquid death or a physical death by the defendant’s assertion. If the cause of the victim’s death is not recognized as a liquid death, it is unnecessary to additionally examine whether the Defendant murdered the victim.

In addition, if the cause of death of a victim is recognized as a liquid death, the next issue is whether the time of the victim's death can be recognized as prior to 06:41 on the day of the case. If the victim is recognized as having died before 06:41 on the day of the case, the person who was the victim at the home of the defendant is only the defendant, and thus, the person who caused the death of the victim is naturally recognized as the defendant, and if there are many concerns that the victim may be recognized as having died after 06:41 on the day of the death, the defendant did not have the house at that time and thus, the person who caused the death of the victim is not

B. As to the additional issues asserted by the Defendant

The Defendant asserts that the time, place, method, etc. of the crime stated in the facts charged of this case were not specified, and that the facts charged of this case in order to be found guilty should be proved that the Defendant murdered the victim at a place other than the bath room and transferred the victim to the bath room.

However, in the facts charged of this case, the date and time of the crime are specified as some of the hours in which only the defendant and the victim were placed, and the place is specified as “the house of the defendant and the method of “the victim’s seat” and “the victim’s seat is divided by hand, and the victim’s seat is dead at a liquid scale.” In this case where the defendant denies the whole crime, even though there are some unclear parts, the date, time, place, and method of the crime stated in the facts charged of this case are specified to the extent that the facts constituting the cause of the crime can be distinguished from other facts, it cannot be said that there is an obstacle to the defendant’s defense right (see Supreme Court Decision 2003Do8077, Mar. 26, 2004, etc.).

Therefore, the facts charged in this case can be found if the two issues mentioned above (the cause and time of death (the defendant is a criminal) are proved, and the specific place and body movement in the house, which is the additional issue alleged by the defendant, can be considered as part of indirect facts or circumstantial situations in determining the guilty of the facts charged in this case.

III. Judgment

1. Causes of death of the victim;

A. Prosecutor's and summary of the defendant's assertion

검찰은 앞서 본 부검결과와 이에 부합하는 증인 공소외 4(이 사건 부검의 담당 법의관), 공소외 2(서울대 법의학교수), 공소외 7(국과수 법의학 부장), 공소외 3(국과수 수석법의관) 등의 법정진술에 의하여 피해자의 사망원인은 ‘손에 의한 목눌림질식사’(액사)로 인정된다고 주장하고, 피고인은 이 사건의 경우 액사에서 통상적으로 나타나는 증상(액흔 주55) , 배뇨·배설의 흔적, 설골 또는 갑상연골의 골절, 결막하 점상출혈, 방어흔)이 부존재한 점, 피해자의 건강상태에 비추어 이상자세에 의한 질식사의 선행요인이 될 수 있는 실신가능성이 높았던 점, 증인 공소외 1(캐나다 ◈◈◈대학 법의학 센터장, 이하 ‘ 공소외 1’이라 한다)의 법정진술 등을 고려하면 피해자의 사망원인은 이상자세에 의한 질식사로 판단함이 훨씬 타당하다고 주장한다.

(b) Examination of opinions, etc. that have become the basis for judging as a liquid amount by the State and water;

(1) Fluoral dye (No. 11 assistant inspector)

In the case of liquid death, the defendant has a very salvable salke or black salke in the shape of the victim's early growth, and there is a very fresh salke or black salke in the form of each dust salke or salke. In the case of this case, if the defendant's salke, the victim's salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke salke s.

(2) Bobroom brooms (No. 14 m. secondary brooms) of the lower part of the upper part of the surrounding area of the sloping brooms and the upper part of the upper part of the river.

The defendant asserts that the above blood transfusion is not the blood that was generated by the external history, but the blood that was caused by the aftermathic blood, and that it may also be caused by the aftermathic blood, and that it may be caused by the aftermathic blood.

First, as to whether the above blood transfusion falls under the post-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-post, the ex-ex-ex-ex-ex-post ex-ex-ex-ex-ex-ex-ex-ex-ex-ex-post).

In addition, if the external shock in the body of the body might occur in the case where the physical shock in the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

(3) Hepatum dyposis (No. 16 side inspector)

Although the Defendant asserts to the effect that the Defendant did not have the characteristic symptoms of liquid death because the Defendant appeared in the case of physical death due to the abnormal blood transfusion on the part of the victim, it appears that there is a description of the attitude and situation as to which cause was caused by the abnormal disease, and Nonindicted 1 also stated that the Defendant’s climatic blood transfusion was one of the characteristics of liquid death, and that the Defendant’s climatic blood transfusion of the victim did not have the climatic blood transfusion of the victim, and that the Defendant’s above assertion is difficult to accept.

(4) Bosopic fluoral fluoral fluoral fluoral fluorial fluor.

The defendant asserts that the photograph at the time of the examination (the 28th page of the investigation record) only one blood transfusion was cut off under the victim's right eye, and that the blood transfusion was generated after the 4th time of the autopsy. However, considering that the above photograph was not a photograph of the string off, but a photograph of the string off of the string off (the 63th page), it is difficult to accept the above argument of the defendant, taking into account the above facts (the 4th page of the investigation record).

(5) Whether the aggregate of dushes and dushes is cut

In this case, while the victim’s samaao textbook, the DoiMao textbook also states that only 52% of women was seen as above, in the case of liquid companies, the victim’s samaao textbook, and the young or women’s sama are unlikely to cause the above sama in the case of liquid companies because the sama does not constitute samathing (see, e.g., Non-Indicted 4’s legal statement) because the sama does not constitute samath (see, e.g., Non-Indicted 64).

(6) Outwards and internal blood transfusions (No. 7,8) on the side of the backwater.

Although the Defendant asserts to the effect that this part’s internal blood transfusion is a reflective blood transfusion, considering the following circumstances, etc., when considering the detailed attitude at the time the victim was discovered, it is difficult to see that this part’s internal blood transfusion is also a reflective blood transfusion, and that it is reasonable to see that it is a prone blood transfusion by external shock, and that it is reasonable to see that it is a prone blood transfusion by external shock, and that it is difficult to cause a 5th unit blood transfusion inside the back water in the event that it has reached, or goes beyond, cerebral he or she reaches, she is difficult to do so.

In addition, the defendant argued that the victim was alive at the time of the victim's body, since the victim's body was installed in the front and rear side of the floor of the case where he was found to have a large degree of blood transfusion from the floor and the body of the victim was installed at the time of the victim's bathing. However, considering that the victim's body was not so large, and that the body of the victim's body was not installed in the front and rear side of the floor of the victim's bathing, and that there was no large degree of blood transfusion from the above heat, it is difficult to view that the inner floor was likely that the victim passed at the time of the case where the victim was discovered and the body was moved after the death, and the possibility that the body passed at the time of the death would have been found to have been very significant in terms of the size of the body of the victim's body. It is difficult to view that the defendant's life could not easily be found at the time of the defendant's attempt to remove all goods and places.

(7) Heedic ephesionsis (No. 21 side inspector)

Considering the fact that the above blood transfusion spreads widely, and thus, the Defendant’s blood transfusions were 67 per week, but that the refrouted refroutous refrouted at 21 times by the sub-examination team was refrouted in the shape of the nesnes, but the father’s body was tightly cut in a knife in the knife process to view the part of the aforementioned blood transfusions (non-indicted 4’s legal statement), and that it is difficult to regard the chest body at the time when the victim was discovered as the location where the body part of the chest body was at the time of the discovery, it is difficult to regard the said blood transfusion as the refroutal blood transfusions, and it is reasonable to view it as the blood transfusions generated from the her born by the external force

(viii)Multiple wounds and holess (Nos. 2, 3 and 4) on the face;

As a result of the examination above, the defendant alleged that the part giving a brush to the victim's face and the part giving a brush in many places of the victim's face is the part giving a brush, and that there is a possibility that the brush might have occurred in many places of the victim's face, and while giving a brush with a brush in the process of giving a brush with a brush, it is difficult to easily brush the brush to give a brush to the extent that the brush may cause a brush, and even if the brush takes a brush, it would not be more difficult for the defendant to easily accept the above argument, and it is reasonable that the above brush and the brush arising in the process of dispute with a brush.

(9) A hole of a cubic hole (No. 6 omitted)

This seems to be a hole that occurred before the birth, and the defendant argued that it is highly likely that a hole may occur on the part of the defendant's entrance by taking a severe pressure on the part of the victim's self-determination. However, it is difficult to view that a hole occurs on the inside of the defendant's entrance on the ground that the defendant is simply lodging a hole.

(10) The hole of several sites on arms, legss, etc. (No. 29,30,31,32, Note 69) 34)

Although the above defendants asserted that the above wife was incurred while the victim goes beyond the bath, the above argument is difficult to accept, and considering the location, number, etc. of the above hole, it is reasonable to view that the above argument was generated in the process of dispute with the water developer before the life of several parts).

(11) Other

(A) Whether there is a trace of defense

In the instant case, the Defendant alleged that there was no room to view that the Defendant was a trace of defense ordinarily appearing in liquid dust, but considering the various circumstances seen in Section 3.3 below, it is reasonable to deem that the Defendant’s wife observed in the Defendant’s arms and horses on the day of the instant case was caused by the victim on the day of the instant case. Therefore, the foregoing argument is difficult to accept.

(B) The shape of the victim's eye sacrine with the country of sacrine and the blood trace.

In the above autopsy, as seen above, the body of body accompanied by the victim in the direction of leaving the right shoulder at the time the victim was found to be the body, and the head of the victim's head has been lying towards the opposite left side and has a direction of salvbing against the gravity. As such, the defendant's head is likely to do so if he gets to the left side of the victim's head from the right side, and 71). However, considering the victim's attitude and the location of head within the bath tank, the victim's body's body was adjacent to the victim's body, and the shape that the victim's body was heeped to the right side at the time of leaving the body, it is difficult to accept the victim's attitude in the direction of leaving the victim's scene (this is difficult to see that the victim's head was in the direction of leaving the victim's body in the above direction of 7). Considering that the victim's body cannot be seen as salving the above body of the victim's body.

(c)review the possibility of the quality consciousness on the basis of abnormal self-sufficiency;

(1) Review of preceding factors

The defendant asserts that the defendant had a possibility of realization, considering the following factors: 5% of pregnant female 5% experience in real condition and 28% experience close to real condition; 75% of the victim's experience in mental therapy with a brupty; 76% of the victim's brupty result; 76% of the victim's brupty result; 76% of the victim's brupty result; 36% of the result of autopsy; and 37% of the victim's brupty brupty; and 4% of the result of autopsy.

In light of the fact that (i) the time when the victim was treated with severe pain is about eight years from the date of the case, and according to the victim's statement of surrounding people, the victim seems to have been well in consumption of food immediately around the time of the case; (ii) the victim's hiver value appears not to require the victim's treatment (see, e.g., Non-Indicted 2 legal statement, etc.); (ii) the defendant stated that the victim did not have an hiverosis (No. 2520 pages of the investigation record); (iii) there was no particular material that the victim had increased the hiver weight; and (iv) Non-Indicted 21 who did not know that the hivermon value of the victim was less than seven months after the victim's hiverosis, it is difficult to view that there was no possibility that the victim could have a significant change in hives due to a clerical change in the hivenmon; and (iv) there is no possibility that the victim's hiverosis might have any special causal relationship with the victim's.

(2) Whether it is consistent with the result of autopsy if it is deemed to have reached the body.

On the other hand, in order for the victim to have had a sprinked life after having reached a sudden body at the time of the instant case, it is difficult to conform with the other test results and the various circumstances of the instant case. However, it is difficult to conform with the victim’s internal blood transfusion, victim’s face, head, body body (in particular, the 5th body body inside the head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head) and the blood sprinking direction of the upper body. In addition, it is difficult to easily conform to the other sprinked life, the defendant’s multiple main body, the victim’s clothes, and the blood sprink found in this case.

D. Sub-committee

In full view of the contents and circumstances mentioned above in the autopsy report as seen above, the reason for the victim’s death is recognized as a liquid death, and it is difficult to view the victim’s death as a physical death based on abnormal self-sufficiency.

Meanwhile, the purport of the statement made by Nonindicted 1 in this court is that the victim's private person can not be excluded from the "quality test according to a wound on the basis of the fact that there is a possibility that the blood transfusion from the inner part of the body may be the anti-sexual intercourse. In addition, Nonindicted 1 made a statement to the effect that it is not a strong support for the quality test according to the victim's age due to the victim's non-indicted 1's non-indicted 1's acknowledgement of some features seen in a liquid death and the victim was pregnant women without drinking, and that it is not a strong support for the quality test according to the abnormal age. ② This paper appears to be inappropriate to directly cite this case as seen earlier, and ③ Non-Indicted 1 made a statement by Non-Indicted 1 on the part of the victim's own opinion by reporting the sub-examiner's own opinion in this court, unlike the first written opinion submitted to the court (whether it is a blood transfusion or non-indicted 1's non-indicted 1's non-indicted 1's non-indicted 1's testimony is difficult to accept the credibility or credibility of the victim's testimony.

2. The time when the victim is legally suspected of death;

A. Summary of the defendant's assertion

Legally, there is no evidence to prove that the victim died before 06:41 on the day of the case, and there is only evidence to presume that the victim died after 06:41.

(b) Review of estimated time stated in the death certificate;

(1) Summary of Nonindicted 9’s statement

As seen earlier, Nonindicted 9 entered the date and time of the death in the death examination as 06:00 on January 14, 201 and the time of the presumption of death as 06:00-08:00 on the same day. As to the reasons, in this court, “The most important factor in estimating the accident hours is the degree of post and the starting point, which was the highest, and the victim was hardened in the highest, and was in part of the Si, and the victim was in a relatively certain degree. In light of experience and knowledge that the ten hours have passed after the death normally and at the same time, it was presumed in light of the empirical rule that the presumption of death was done more than 10 hours and more than 12 hours after the beginning of the time. The time of the presumption of death is 18:00 hours. The time of the presumption of death is 5-6 hours or more, and the victim’s body and the state of the victim’s body were confirmed even after the end of the 18th week.”

(2) Review

The Defendant asserted to the effect that, since the time Nonindicted 9 arrived at the actual site after 18:40 on the day of the instant case, there is no credibility of the time for presumption of death stated in the death certificate. However, “18:40” is difficult to accept the Defendant’s allegation as above, and “The time for Nonindicted 19 to arrive at Nonindicted 19 of the Science Investigation Team (which means the Science Investigation Team) and “the time deemed to have been 30 minutes after the arrival of the bar,” and Nonindicted 9’s legal statement to the effect that Nonindicted 9 arrived at the scene before Nonindicted 16’s prosecutor’s statement and on-site confirmation time (which is 247 m). In view of the fact that Nonindicted 19, Nonindicted 19, arrived at the scene before the date of the instant case, and Nonindicted 9, Nonindicted 18:00, which appears to have arrived at the scene, it is difficult to view that the above Defendant’s allegation was significantly different as seen below, even after Nonindicted 9’s family affairs or around 18:40.

On the other hand, the presumption time of death stated in the death certificate of this case is based on the degree of 18:00, which was first examined on the date of the instant case, and the time of death was presumed to be 10 to 12 hours before the date of the instant death, but the presumption time may be 5 to 6 hours before the date of the death. Thus, considering the error time, the scope of the presumption time of death may be expanded by 4 to 18 hours before the time of the death. ② In the case of the ordinary post, it appears that the time of the death was maintained at the highest level of time and the post was cut off (see, e.g., Investigation Records No. 1565 of the Investigation Records). Since it was difficult to conclude that the time of the presumption time of death was 10 to 12 hours before the date of the death, and it is difficult to conclude that the time of the death was 10 to 40 hours after the date when the death was made by Nonindicted Party’s statement or its conclusion.

(c) Examination of estimated time by method of measuring workplace temperature;

(1) The time of presumption of death under the Luxembourg claimed by the Defendant

As seen earlier, the time when the presumption of death was taken into the victim’s workplace temperature, the external temperature, etc. in the barracks room, etc. measured by the △genomogram (hereinafter “Sagm”) was 08:41 or 08:32 on the day of the instant case, and even when the victim enters the outside temperature (17-18 degrees) of the bathing room found in lieu of the external temperature in the Yagsan Hospital, the time when the presumption of death was presumed to have occurred since all of the Defendant left the house on the day of the instant case.

(2) Review

Luxembourg appears to be the most superior method among the methods of determining the time of death in accordance with the Austria (one of the methods of determining the time of death in consideration of changes in the post temperature). However, on the day of the instant case, the victim’s workplace temperature measurement was conducted without measuring at the place where the body of the victim was found, and after moving to the permanent state, it is difficult to deem that the basic conditions for the presumption under the Austria have been met due to the difference in external temperature between the two places. It is difficult to readily conclude that the presumption time under the Luxembourg Table, as argued by the Defendant, is too excessive, and it is difficult to predict exactly because there is an error range (see the Text of Law No. 1561 of the Investigation Records, Law No. 1561, the Text of Law, etc.) and 2.8 hours are the lowest error range (see the reference materials attached to the statement of opinion and the prosecutor’s opinion). However, considering the above presumption time of death in addition to the previous 4:160 days after the date of the instant death presumption, it is difficult to conclude that it is included.

D. Sub-committee

Therefore, the scope of the victim’s time of the presumption of death under the laba table and the time of the presumption of death under the laba table can be included in both 06:41 and 06:41, and the time of the presumption of the victim’s death cannot be determined from a legal perspective as before 06:41, but it cannot be concluded that the victim’s time of the presumption of the victim’s death is after 06:41.

3. Whether or not it is possible to recognize the time of death of a victim as transfer by indirect facts;

In a criminal trial, the conviction shall be based on evidence with probative value sufficient to lead a judge to a reasonable doubt that the facts charged are true. If there is no evidence to form such a conviction, even if there is doubt that the defendant is guilty, it shall be judged as the benefit of the defendant. However, such conviction should not be necessarily formed by direct evidence, unless it violates the empirical and logical rules, and it may be formed by indirect evidence. Even if indirect evidence does not have full probative value as to the facts of the crime individually, if it is deemed that there is a comprehensive probative value that is not independent if comprehensive examination of all evidence is conducted under mutual relation, even if it is deemed that there is a comprehensive probative value that does not exist the whole evidence (see, e.g., Supreme Court Decision 2008Do507, Mar. 27, 2008).

On the other hand, although the probative value of evidence is left to the discretion of the judge, the judgment must be consistent with logical and empirical rules, and the degree of the formation of the conviction to be found guilty in a criminal trial should not be a reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence which is recognized as having probative value is not allowed as exceeding the bounds of the principle of free evaluation of evidence. The reasonable doubt here refers to a reasonable doubt as to the probability of a fact that is not compatible with the facts in accordance with logical and empirical rules, not with all questions and correspondences, and it refers to a reasonable doubt as to the probability of a fact that is not compatible with the facts in accordance with the logical and empirical rules. Thus, the doubt based on conceptual or abstract possibility should be included in a rational doubt (see, e.g., Supreme Court Decision 2004Do2221, Jun. 25, 2004).

In this case, even though the victim's death time is 06:41 on the day of the case (the victim's death time is the defendant), there is no direct evidence that the victim's death time is 06:41 on the day of the case (the victim's death time is 06:41). However, considering the following circumstances acknowledged by indirect evidence of the judgment, it is reasonable to view that on the day of the case, the victim was in a state of death before 06:41, a person who caused the death of the victim, and accordingly caused the death of the victim, without reasonable doubt.

(a) The victim's appearance that did not make preparations to work at all and the victim's doubt on the day of the case following the defendant's statement;

As seen earlier at the time of the discovery of the body, the victim was found to be in a bath without making any preparation for attendance, such as not making a cleaning, and not making cremation. If the defendant was living at the time of his house, whether the victim's appearance can be understood in light of the victim's attendance habits, and whether the victim's statement about the victim's happiness on the day of the case is credibility or not, in full view of the following circumstances, the victim's appearance is difficult to obtain in light of the victim's ordinary attendance habits and the victim's statement on the day of the case is hard to believe.

(1) Details of the defendant's statement

○ With respect to the criminal defendant’s criminal records immediately before the house was located

피고인은 피고인이 컴퓨터를 종료한 이후 집을 나가기 전까지의 피고인과 피해자의 행적에 대하여 검찰에서 “컴퓨터를 마치고 거실로 나왔을 때 TV는 까맣고 소리가 없었으니 꺼져 있다고 생각했다. 바로 안방으로 들어갔다. 아내는 화장실 쪽으로 보고, 침대에서 창쪽이 아닌 문쪽으로 누워서 자고 있었고 저도 바로 잤다. 그날 피해자가 몇 시에 잠들었는지 모른다. 대충 11시쯤 잔 것 같다. 평소에 11시에 잠이 든다. 다시 작은 방에 들어온 지 오래 지나지 않아 밖이 조용하고 해서 자러 들어간 것으로 생각했다. 그날 피해자가 잔다는 말을 하지 않았고 평소에도 하지 않는다. 피해자는 대부분 쇼파에서 자는데 그날은 침대에 들어가서 잤다. 제가 자러 들어갔을 때 피해자가 자고 있었고 깨지 않았다.”(수사기록 제2377쪽 이하, 제2516쪽 이하), “사건 당일 05:45경에 일어났다. 알람소리를 듣고 조금 주87) 미적대다가 일어났고 아내는 자고 있었고 침대 아래쪽으로 돌아나와 협탁에 있는 안경을 쓰고 거실에 나와 불을 켰다. 식탁에서 주스를 준비하고 작은방에 있는 가방에서 호두과자를 가져오고 식탁의자에 앉아 먹었다. 아내가 나와서 TV를 봤는데 아내가 나올 때 제가 안아주고 이마에 키스를 해 주었다. 05:55경 주88) 이다. 시간은 정확하지 않은데 그 때쯤 되었다. 체감시간상. 시계를 안 봤고 제가 일어난 지 10분쯤 뒤에 아내가 일어난 것 같다. 그리고 씻으러 들어가서 세수하고 면도하고 머리감고 주89) 나와서 로션을 바르고 안방으로 와서 옷을 입으려고 했고, 아내가 안방으로 들어와서 코디를 해 줘서 그대로 입었다. 제가 옷을 다 입었을 때 아내는 TV를 보고 있었다. 목도리와 잠바를 하고 나왔고 작은 방에 가서 짐을 챙기고 나왔다. 손에 든 쇼핑백은 당시 현관문 앞에 있었다. 언제부터 그곳에 쇼핑백을 놓아두었는지는 모르겠다. 제가 학교에 갈 때 아내는 안방 문에서 잘 다녀오라고 했다. 그게 마지막이었다. 제가 씻고 있는 동안이나 작은방에 들어갔을 때 아내가 무었을 했는지는 모르겠고 제가 기억하고 있는 것은 세 가지 모습(쇼파에 앉아 TV를 보고, 코디해 주고, 안방에서 잘 가라고 인사해 준 것)밖에 없다. 피해자가 토스트를 해주지는 않았고 그 전날 제가 호두과자 남은 게 있으니 그것을 먹겠다고 했다. 제가 집을 나가기 전 피해자는 출근준비는 하지 않았다.”(수사기록 제2520쪽 이하)라고 진술하였다.

For the victim's attendance habits, etc.

As to this, the Defendant “the injured party has come to a shower, cremation, and contact lenses, and most of them do not show shower but shower. The time of the injured party’s work is ordinarily 07:30. The injured party’s attendance time is normally 07:40-50. The injured party’s work time is not accurate but is 06:40-50. The injured party’s work time is 5:10 minutes, which is ordinarily average to 20 minutes, and 5-10 minutes, when the shower is fast. The injured party goes to a shower, 5 minutes, if bad, and going to a walk, and 5 minutes. The cremation was made. After being pregnant, the injured party became aware of cremation. On the day of the snow, the injured party did not make a statement that he goes to work for each investigation (hereinafter referred to as “the injured party”).

(2) A statement of the victim's surrounding people about the habit around his work.

The mother of the victim, “The injured party 12 takes place between 5:00 p.m., and 6:0 p.m.,” (legal statement) and “the injured party was f.m. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

In this Court, ○○ High School, University, and Non-Indicted 22, a graduate school established at a high school of the victim and university, and Non-Indicted 22, “The victim is extremely good, old, and staticly engaged in a grass-crowing business. The victim has been able to perform cremation, especially through a eyebrow, and is in attendance at the school. From the time of the university, the victim has come up with drinking at the school. The victim frequently sent letters to low time and tried to do so. At the time of the university, the university started work to hear one-time lessons, and the victim has been able to do so so so to make it possible for him/her to do so to do so. The victim has been prepared for the victim to have been able to do so at the school of the victim, and the victim has been able to do so more than 60 years after his/her pregnancy, and the victim has made his/her oral statement at around 10 years after his/her pregnancy.”

In this Court, Nonindicted 11 expressed that “The victim was so-called a full-time cremation, gylle, gylle, gylle, and gylle.” Before the victim’s appearance, Nonindicted 11 expressed that “the victim was suffering from 20-30 minutes even though she had been gylle,” even though she had been gylle at the lower time, she was gylle, and that she had been gylle about 10 minutes even after she was gylle, and she had gylle about 10 minutes. The victim was 0:0 gylle, and 1:00 gylle and 8:0 gylle, the victim was 1:00 gylle, and 1:00 gylle and 8:1:00 gyke, the victim was pregnant.

After marriage, Non-Indicted 5 of the victim's birth, "the victim was working at around 06:00-06:30 before marriage, and after marriage, the victim came to work at the victim's home at around 07:20. At around 07:00, the victim had already completed the shower and completed cremation. At around 07:00, the victim was able to see that "after marriage, the victim was 06:0:0,000, more than 0:00,000, more than 1:00,000,000,000,000,0000,000,000:00,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.

(3) Review

○ With respect to the victim's attendance behavior

피해자의 주변 인물들의 진술과 앞서 본 피해자의 휴대전화 알람시간(05:40), ☆☆☆☆☆ 주차장 출구의 CCTV에 녹화된 피해자 차량의 최근 출차 시간 등을 종합하여 보면, 피해자는 평소(임신이후에도 동일) 05:30-06:00에 주91) 일어나서 피고인의 토스트와 피해자의 주92) 아침식사 를 준비하고 샤워를 하고 머리를 감은 후 기초화장, 눈화장, 볼터치, 입술화장 등을 하는 이른바 풀(full) 화장을 하는데 특히 눈화장을 짙게 하면서 심혈을 기울이고 주93) , 머리는 드라이어기로 모두 말리면서 웨이브를 넣는 식으로 하였고, 늦어도 07:30 주94) 이전 에는 집에서 나와 유치원에 08:00를 전후로 도착하였으며 지각과 결근을 전혀 하지 않았다. 또한, 피해자는 샤워를 하면서 라디오를 듣는 외에는 아침에 출근시간 전에 여유롭게 TV를 보는 등의 행동은 하지 않고 분주하게 출근 준비를 하였으며 눈이 오는 날은 좀 더 서둘렀던 것으로 보인다.

On the other hand, the victim's statement about the victim's attendance habits is that ① the victim does not take a place for cremation for more than five minutes while the victim does not hold the cremation after pregnancy, or the victim who was already born for more than 06:40-06:50 minutes begins to prepare his attendance, and the victim who was her head gets a shower for 50,000; ② the victim who was her head her head her head her head her head her head she does not go a shower for 50,00,000 before and after her working time. ③ Even in the defendant's statement, the victim's attendance does not use a ney for her attendance before and after her working time. ③ The defendant's statement made it difficult to expect the victim to attend the attendance for more than 40 minutes after her working time and 50 minutes after her attendance, etc., and it is difficult for the victim to make the victim's statement to attend the attendance at the time of 50 minutes after her attendance.

○ The credibility of the Defendant’s statement on the victim’s criminal records on the day of the instant case

According to the above defendant's statement, around 05:45 on the day of the case, the victim intentionally 05:5, and the victim did not prepare TV to work, except for the case's time of attendance, and the defendant left home at around 05:5,00, and only her face at the time of the defendant's leaving home. It is the victim that the defendant's time of appearance was 05:40 on the day following the first examination, and it seems that the victim was late to attend after 10:5,000,000 prior to his time of attendance, and it is difficult for the victim to easily see that the victim was 5:50,00 prior to 6:5,00,000 prior to his time of attendance, and it is difficult for the victim to look at the victim's time of attendance on the day when 6:5,000,000 prior to 6:5,000,000 prior to his time of attendance.

(b) Examination of the defendant's standing;

(1) As to this part of the judgment below

피고인은 이마의 상처가 난 경위에 대하여 ”물컵을 들고 물을 마시려 하면서 TV쪽으로 돌아서다가 부딪혔다. 열면서 다친 것은 아니고 열려 있는 상태에서 다쳤다. 왼쪽으로 돌면서 다쳤고 당연히 왼쪽부터 부딪혔다. 찬장의 모서리 쪽에 부딪힌 것 같은데 잘 모르겠다. 콕 찍힌 것은 아니다. 모서리 부근인 것 같은데 정확히 모서리인지 확실하지 않다.“(수사기록 제2606쪽 이하)라고 진술하였는데, ① 피고인의 진술과 같이 왼쪽으로 돌면서 모서리 부분에 부딪힌 것이라면 피고인의 상처는 왼쪽부터 시작하여 눈썹선과 평행을 이루며 오른쪽 방향으로 ‘ㅡ’자 형을 나타내야 할 것으로 보이는데, 피고인의 이마 상처는 앞서 본 바와 같이 오른쪽이 진하고 왼쪽으로 갈수록 흐려지는 형태를 띠고 있어 상처가 오른쪽 부분에서 시작하는 것으로 보이고, 상처 방향이 오른쪽에서 왼쪽 아래 방향으로 비스듬히 내려오면서 그 선의 모양도 시작점과 끝점을 연결한 직선 위에 있지는 않으며, 오른쪽 부분 끝부분은 짧은 ‘1’자 모양을 띠고 있어 피고인이 진술하는 바와 같이 찬장 모서리 부분에 왼쪽으로 돌면서 한 번에 부딪혀 생긴 상처의 모양새로는 보기 어려운 점, ② 피고인은 사건 당일 현장에서 피해자의 부모와 경찰관 앞에서 이마 부위의 상처가 생긴 경위에 대하여 재연하였는데 경찰관 등은 당시 재연 모습이 부자연스러웠다고 진술하고 있는 점, ③ 단순히 찬장에 부딪혀 생긴 상처라면 피고인이 출근 시간 엘리베이터 안에서 상처를 굳이 확인할 것으로는 보이지 않는 점, ④ 피고인은 ”피해자가 설거지를 하면 찬장문이 자주 열려 있다. 저는 그 문을 닫는다. 1. 13. 저녁에 집에 와서는 아무 것도 먹은 것이 없다. (당시) 그 문은 누가 열었는지 모른다.“(수사기록 제2539쪽)라고 진술하였고 피해자는 사건 전날 설거지도 하지 않은 것으로 주97) 보이는데 찬장문이 열려 있었다는 것이 쉽게 수긍이 가지 않는 점, ⑤ 찬장의 부딪혔다는 부분에서 피고인의 DNA형이 검출되지는 않은 주98) 점 등을 고려하면, 이마의 상처가 생긴 경위에 관한 피고인의 진술은 믿기 어렵고, 피고인의 이마 부위 상처는 사건 전날 찬장에 부딪혀 생긴 것이라고 보기 어렵다.

(2) As to the upper part of the arms:

In light of the above circumstances, the Defendant was unable to find out that there was a little deal of 201 and 12 times between 201 and 12, and it was difficult for the Defendant to find out that there was a very little deal of 444 and 12 times before the Defendant’s oral statement, and that there was a very little deal of 1 and 100, and that there was a little deal of 1 and 200,000 from the point of view of the fact that there was a little deal of 1 and 3 times before the Defendant’s oral statement, and that there was no strong converging of 1 and 10,000, and that there was no strong converging of 1 and 5,000,000 from the point of view of the fact that there was no need to keep the Defendant’s oral statement on the date of 1 and 12,000.

(iii)A half-rounded part of the shoulder.

As to this part of the above, the Defendant’s statement to the effect that the flag was ordinarily a flag or flag, which the flag was made by the Defendant, that the flag was made by himself, or that the flag was made by the victim (a summary of the flag’s argument). The Defendant’s statement to the effect that the flag was made in the process of flaging the flag of flag to the Defendant before the instant case,

(4) As to other subordinate measures

The Defendant stated to the effect that the Defendant was unaware of the background of the occurrence of his face, hand, etc. of the Defendant’s wife, and that he was unaware of the background of the occurrence of his face, hand, etc., but when considering the Defendant’s upper part and degree, it appears that the upper part was easily aware of the fact that the upper part was in question, and in particular, at the time of checking the upper part in the elevator from the elevator, the upper part on the face seems to have been easily seen, and it seems that the Defendant’s statement could be memory to some extent as to the situation at the time of his upper part’s day. Therefore, it is difficult to believe that the Defendant’s statement was entirely vague.

(5) Sub-committee

As seen above, it is difficult to believe the defendant's statement about the background leading up to the occurrence of the wife discovered in several parts of the defendant's body on the day of the case. In particular, it is difficult to see that the defendant's upper part of the defendant's arms was self-injury, and it appears to have occurred in the course of dispute with other persons. The medical textbook textbook (DiMao) states that the perpetrator's hand (in particular, the finger hand and finger hand hand, etc.), under the arms part, the lower part, face part, and the top part are the most frequently frequently used. In light of the fact that the defendant's upper part of the defendant's body is similar to the parts indicated in the above textbook (see, e.g., non-indicted 4's legal statement), it is unreasonable to see that the physical part of the defendant's body occurred on the day of the case, and it is reasonable to see that the physical part of the defendant's body and other parts occurred on the day of the case.

C. The defendant's question on the date of the case and the date of the case and the various behaviors thereafter;

(1) The Defendant’s conduct before the date following the first examination.

As to this, the Defendant stated, “The difficulty of the primary examination is not easy. It is not clear that there is any special reason.” (1) The Defendant made a statement as follows: (1) although he takes most of the first examination following the date following the first examination that the successful applicant in the first examination actually puts the first examination and the first examination is not capable of drawing a short time of the first examination, unlike the first examination, the Defendant is going to the library prior to the first examination; and (2) The Defendant made a game for the reason that he made a new wall, without taking into account that he is fine to the extent that the first examination is completed, until he turns out to the second examination.” (2) Such statement and the above statement seem to be contradictory; (3) the Defendant appears to have made the first time prior to the second time prior to the second time of the examination rather than the first time of the Defendant’s statement that he did not have access to the library prior to the second time of the examination. (4) The Defendant appears to have made the first time prior to the second time of the examination.

(2) The reasons why the phone call was made to the mother at least nine days prior to the date of the instant case and the details of the phone call

As to this, the Defendant stated that “the Defendant was able to communicate with the Defendant on the face of the test.” The Defendant considered that the Defendant was 10 minutes following the day of the test, and that the Defendant was 10 minutes following the day of the test, and that the Defendant was 107 minutes following the day of the call, and that the Defendant was 5 minutes following the day of the call, and that the Defendant was 10 minutes following the day of the call, and that the Defendant was 5 minutes from 9:0 to 4:0 days after the day of the call, and that the Defendant was 10 hours after the victim’s call, and that the Defendant was 5 minutes from 9:0 to 4 hours after the victim’s call, and that the Defendant was able to know that there was no other special circumstance that the victim was 10 minutes of the call at the time of 10 minutes after the victim’s call, and that the Defendant was able to know that the victim was able to have been able to attend the above 8 hours after the victim’s call.”

(3) An act without telephone;

(6) If the Defendant intentionally opened a mobile phone with no telephone vibration at the time of entering the library, he was unable to get a cell phone no longer than 1, and he was unable to get a mobile phone no more than 1,000 if he had a mobile phone no longer used to get a mobile phone no longer than 2,00,000. (4) The Defendant used the mobile phone no more than 1,000 in time during the first time after the first test. (2) The Defendant’s mobile phone no longer used to have a mobile phone no longer used to have a mobile phone no longer used to have a mobile phone no more than 1,000,000,000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000).

(4) Other questions about the defendant's criminal records

(1) If the Defendant received multiple calls from the head of the police station, but did not know of the fact that the Defendant was unable to contact the victim immediately after having become aware of the fact that he/she was unable to contact with the victim, even if he/she appeared to have been unable to contact with the victim, it appears to be a common response to the victim’s cellular phone or house. ② The Defendant called the victim’s cell phone when he/she was almost about about 12 times before and after having become aware of the fact that he/she was unable to know of the fact that he/she was unable to contact with the victim, and even if he/she was unable to know of the fact that he/she was unable to contact with the victim, it appears that he/she was unable to know of the fact that he/she was unable to contact with the victim, and that he/she was aware of the fact that he/she was unable to contact with the victim for the first time after having become aware of the fact that he/she was unable to contact with the victim.

(d) Examination of the results of appraisal of blood trace, urine, etc.;

(1) The defendant DNA of the victim's hand saws, such as clothes and booms

First of all, the Defendant pointed out the credibility of the appraisal result that the above blood trace is the blood trace of the victim on the ground that the victim's blood trace discovered in the aggression and the aggression was found late later, but it is difficult to reject the credibility of the appraisal result on the sole basis of the circumstances such as the above blood trace was found late later.

다음, 피고인은 사건 당일 피고인과 피해자가 입고 있던 옷에서 발견된 피고인과 피해자의 혈흔 및 피해자의 손톱에서 발견된 피고인의 DNA는 일상생활 과정에서 발생한 것인데 피해자가 평소 피고인의 등을 긁어주거나(스크럽 포함) 머리에 난 뾰루지를 짜주는 과정에서 발생한 주113) 것 또한, 피고인은 앞서 본 바와 같이(각주 15)) 2011. 1. 13. 피해자가 피고인의 머리에 난 뾰루지를 짜주었다고 진술하였는데, 그 경위에 대하여 “2011. 1. 13. 전에도 피해자가 제 뾰루지를 많이 짜 주었다. 결혼한 후에는 그랬다. 하루나 이틀에 하나씩은 꼭 났다. 날 때마다 아내가 짜 주었다. 피해자는 그리고 손을 씻지 않았다. 아내가 썩 잘 씻는 편이 아니다. 위생관념이 없다고 해야 하나. 그 날(2011. 1. 13.)은 개수는 정확하게 모르겠는데 하나인 것 같은데, 정확하게 모르겠다.”라고 진술하였다(수사기록 제2514쪽 이하).

이라거나, 피해자가 자신의 몸에 난 뾰루지를 직접 짠 과정에서 발생한 주114) 것 으로 추정된다는 취지의 주장을 하나, ① 피해자가 평소 주변 인물들에게 피고인의 피부가 매우 좋다고 말하였던 점과 피고인을 오랜 기간 지켜 본 공소외 12, 20의 진술에 비추어 볼 때 피고인의 피부는 매우 깨끗하였던 것으로 보이고 피고인이 피부과 질환(건성피부염 또는 뾰루지, 아토피 등)으로 별달리 치료받은 전력도 없는 점(비록 얼굴 부위이긴 하나 법정에서 본 피고인의 피부상태도 매우 양호한 것으로 보이고, 수사기록에 편철된 피고인의 사진에 나타난 몸 부위의 피부 상태도 얼굴의 피부 상태와 마찬가지로 양호한 것으로 보인다), ② 최근 들어 자신의 몸에 각질이 생기는 등 얼굴을 제외한 몸 부위만 건성으로 바뀌는 중이라는 피고인의 진술이 부자연스러워 보이고 피해자가 자신에게 스크럽을 해주는 데 사용하였다고 피고인이 주장하는 제품은 임산부용으로 보이는데 피해자가 임산부용으로 피고인에게 스크럽을 해 주었다고는 선뜻 납득하기 어려운 점, ③ 피고인의 피부 상태에 비추어 피고인의 진술처럼 하루나 이틀에 하나씩 뾰루지가 났을 것이라고는 선뜻 믿기 어려운데, 사실이라면 수사 개시 이후에도 났을 것이고 그 점에 대한 피고인의 해명이 있었을 것인데 아무런 해명이 없는 점 주115) , ④ 피고인은 피해자의 손톱에서 DNA 검사 결과가 난 이후부터 뾰루지, 스크럽 등의 진술을 하기 시작한 것으로 보이는 점, ⑤ 피부에 민감한 여성이 여드름과 뾰루지를 피가 날 정도로 손으로 짠다는 것은 이례적이고 피고인의 진술처럼 피해자에게 뾰루지가 하루나 이틀에 하나씩 났다면 피해자의 주변 인물들도 봤을 것인데, 직장 동료 공소외 11은 이 법정에서 “피해자가 뾰루지나 여드름이 나서 짜는 것을 보지 못했다. 피해자는 증인이 나거나 다른 사람이 나면 상처가 나니까 손으로 짜지 말고 다른 것을 사용해서 짜라고 이야기했다.”라고 진술하고 있고, 공소외 12와 공소외 20 또한 피해자에게 뾰루지가 없었다는 취지로 진술한 점, ⑥ 단지 일상생활(또는 뾰루지를 짜는 과정) 중에 피고인과 피해자가 입고 있던 옷에서 혈흔이 발견된 여러 곳에 한꺼번에 피고인과 피해자의 혈흔이 묻을 수 있다고 보기는 어려운 점 주116) , ⑦ 사건 당일 앞서 본 바와 같이 피고인의 신체 여러 부위에서 상처가 발견되었고 피해자도 부검결과에서 보듯 여러 부위에서 상처가 발견된 점, ⑧ 비록 피해자의 오른쪽 손톱에서는 피고인의 혈흔과 DNA가 검출되지 않고 피해자의 왼쪽 손톱에서는 피고인의 혈흔은 검출되지 않고 피고인의 DNA만 검출되기는 하였으나, 살점이 패일 정도의 깊은 상처가 발생할 경우에도 혈흔과 DNA가 검출되지 않을 수도 있는 것으로 보이는바( 공소외 4 등 법정진술 참조), 혈흔과 DNA가 검출되었을 경우에는 의미를 부여할 수 있지만 검출되지 않았다 하여 곧바로 신체접촉을 부정하기는 어려운 것으로 보이는 점 등을 고려하면, 피고인과 피해자의 옷, 이불 등에서 검출된 피고인 및 피해자의 혈흔과 피해자의 왼쪽 손톱에서 검출된 피고인의 DNA는 피고인과 피해자 사이의 물리적 다툼의 과정에서 발생하였다고 봄이 상당하므로 주117) , 피고인의 위 주장은 받아들이기 어렵다.

(2) Sponsion of a divesp.

The Defendant asserts that the above urine is a victim’s defense, solely on the ground that the DNA was detected in the urine of the victim, on the ground that the possibility that the DNA was detected in the urine by other causes could not be ruled out. However, even in the urine, even though it is not a large amount of blood (see Nonindicted 2 Jeju 118), the Defendant’s DNA is not detected in the urine state of the victim’s urine used by the Defendant and the victim with the urine, and the victim’s DNA was detected by other causes, and it is difficult to easily explain that the urine was not detected by the Defendant’s DNA, and considering that the Defendant’s urine was not likely to inquire into the urine (see, e.g., Nonindicted 2 Jeju 118) in the urine, the Defendant’s assertion that the urine might not be detected by the victim’s urine, not by the Defendant and the victim.

(e) Review of the motive for crimes;

Considering the fact that the Defendant and the victim were married at the end of a year through six years, and the victim was not given a detailed notice of the Defendant’s complaint against the Defendant in the vicinity, that the Defendant respected the victim by drinking the victim, etc., and the victim was pregnant of the Defendant’s child and gave birth to the future, and there is no particular material to deem that the Defendant had discussed the victim’s complaint against the victim in the vicinity of a usual place, it is difficult to deem that there was a motive for the Defendant to systematically kill the victim in a planned manner.

However, according to ① the issue of the specialized qualifying examination and the military intervention thereof, the victim was under surveillance of each other since he was at the time of birth, ② the victim was working as a military doctor at the National Armed Forces Seoul Hospital, with passing the specialized qualifying examination, and the victim seems to have considerably fallen out of the examination that the defendant would have been able to see the test (as seen earlier, the two victims did not want either the time immediately after birth or the victim was able to retire out of the examination). ③ Although the first fighting of the defendant was due to the game of the victim around 1st century, the victim appeared to have failed to have a much degree of time than that of the defendant's 2nd time when she was under surveillance, it appears that the victim could not have any other complaints by the defendant, even if the defendant did not have a high degree of time to satisfy, it appears that the victim would have been sufficiently able to have been able to satisfy the defendant's own ability to satisfy the defendant's game room.

(f) Possibility of committing a crime by a third party;

The defendant asserts that the possibility that a third party intrudes upon the house of the defendant after the defendant left the house can not be ruled out completely, and that the investigative agency's exclusion of the possibility of intrusion by a third party is also unreasonable and unreasonable.

살피건대, ① 사건 현장은 사실상 현관문만을 통하여 출입이 가능한데 현관문이 손괴된 흔적이 없고 별다른 족적도 발견되지 않았으며 사건 현장이 피고인이 나갈 당시에 비하여 흐트러지거나 물건이 도난당한 흔적도 없는 점 등에 비추어 피해자가 모르는 외부인이 피해자의 의사에 반하여 침입하여 이 사건 범행에 이르렀다고 보기는 어려운 점, ② 사건 당시 피해자의 모습에 비추어 제3자에 의한 범행을 고려하더라도 피고인이 집을 나간 직후일 가능성이 주125) 큰데 피고인과 함께 있을 가능성이 큰 출근시간대에 피해자의 집을 방문하거나 침입하여 살해한다는 것은 쉽게 상정하기 어려운 점, ③ 보안시스템이 비교적 잘 갖춰진 ☆☆☆☆☆에 피해자가 모르는 제3자가 택배나 다른 사유를 가장하여 피고인의 집에 침입하였을 가능성도 상정하여 볼 수는 있으나, 출근시간대에 택배 등으로 가장하고 침입하여 물건 등을 절취하여 가지도 않고 소위 ‘묻지마살인’만을 하고 갔을 가능성은 극히 낮아 보이는 점, ④ 제3자가 피해자의 의사에 의하여 피고인의 집에 들어와서 다툼의 장소로 보이는 안방에 이르러서야 피해자와 다툰 것이라면 피해자와 제3자는 잘 아는 사이일 가능성이 크다 할 것인데, 제3자와 피해자가 사전 약속을 잡았다면 사전 약속을 한 흔적이 있어야 하는데 별다른 흔적은 없는 것으로 보이고(통화내역 등), 굳이 방문 약속을 하였다 하여도 피고인이 언제 나갈지도 모르는 피고인의 시험 다음날 출근시간대에 그와 같은 약속을 하였을 것으로는 보이지 않는 점, ⑤ 피해자를 아는 제3자가 피고인과 피해자의 행적을 계속하여 관찰하다가 사건 당일 피고인이 집을 나간 것을 보고 피고인의 집을 불시에 방문하는 것도 고려해 볼 수는 있으나 사건 무렵(피고인의 시험준비기간)에는 피해자가 피고인보다 계속하여 먼저 출근하고 있었기에 가능성이 낮아 보이는 점, ⑥ 피해자와 안면 있는 제3자가 피고인이 함께 있는 것을 알고도 사전 약속에 의하여 또는 불시에 출근시간대에 방문하였는데 우연히 피해자가 혼자 있었고 피해자와의 다툼의 과정에서 살해에 이르렀을 가능성도 가정하여 볼 수는 있으나, 그러한 사이라면 피고인도 잘 알 수 있는 사람일 것이고 ☆☆☆☆☆의 구조상 엘리베이터의 CCTV에는 방문사실이 노출될 밖에 주126) 없는데 피고인도 잘 아는 사람이 출근시간대에 피고인의 집을 방문하여 피해자를 살해한다는 것 역시 가능성이 극히 낮아 보이는 점, ⑦ 피고인 집의 현관 비밀번호를 아는 사람은 피고인과 피해자, 가사도우미 외에 별달리 없었던 것으로 보이는 점, ⑧ 무엇보다 피해자가 평소 제3자에 의하여 살해당할 만큼의 원한을 살만한 특별한 관계는 없는 것으로 보이고 피고인 또한 “누군가에 의해 죽임을 당했다는 생각은 못하였다. 피해자가 원한을 살 만한 사람이 없었다. 누가 죽였을 것이라는 생각은 전혀 하지 못했다”(수사기록 제2397쪽), “누군가 타살한 것으로 생각하기는 어렵기 때문에 스스로 넘어져 사망했다고 생각한다. 타살이라면 원한을 사서 어떤 동기로 살해했을 텐데 그런 것은 생각하기 힘들다. 묻지마살인이라고 보기도 어렵다. 아내가 혼자 있는 집을 어떻게 생각했겠으며 그것도 맨 끝에 있는 집으로, 그것도 출입구에서 제일 먼 집으로 와서 살인을 했다고 생각하지 않는다. 아내에게 살의를 가졌을 사람이 없다고 생각한다. 아내가 원한을 가질 정도로 다른 사람에게 못하는 편은 아니고, 매정하게 굴지도 않고, 채무관계가 있는 것도 아니고, 법적으로 원한을 살만한 행동을 한 것도 아니고.”라고 진술한 점(수사기록 제2845쪽) 등을 고려하면, 수사기관이 사건 현장의 여러 정황을 고려하여 사건 현장의 CCTV를 분석하고 경비원 및 주변을 탐문하는 등의 방법으로 제3자의 침입가능성을 배제한 수사방법이 지극히 비합리적이라고 보기는 어려워 보이고, 사건 당일 피고인이 집을 나간 이후 제3자가 피고인 집을 방문하거나 침입하여 피해자를 액사에 이르게 하였다고 보기는 주127) 어렵다.

4. Conclusion

In full view of the aforementioned facts and various circumstances acknowledged by each evidence as stated in the judgment, the reason for the death of the victim of this case is the amount of death, and the victim is sufficiently recognized as having been subject to death by the defendant before around 06:41, which is the time when the defendant was at the time of his house, and the defendant's assertion denying the facts charged of this case is rejected.

Reasons for sentencing (Welk 128)

Note 128) Reasons for sentencing

[Scope of Punishment] Imprisonment with prison labor for not less than five years but not more than thirty years;

[Types of Crimes] homicide, Category 2 (Murder by Ordinary Mos)

[Special Person] A victim (the identification of the number) who is vulnerable to the crime, and has no reflect;

[Special Mitigation]

[Scope of Recommendation] Where a person falls under the aggravated area (10 to 13 years), but only two special persons exist, the upper limit of sentence scope may be increased by up to 1/2 (10 to 19 years) and the upper limit of sentence exceeds 15 years, so a person may choose a life imprisonment type.

[Determination of Sentence] 20 years of imprisonment

The crime of this case is likely to be criticized because the defendant, who is a doctor more well aware of the risk that he could die in his hands than who is the victim's bereaved family members, was pregnant and murdered with his remaining her own son who has given birth to death, resulting in the death of the fetus. Nevertheless, the defendant tried to conceal his own crime by making the scene of the crime immediately after the crime of this case, because he did not repent or reflect her own crime, and did not intentionally take the phone from her own. Considering the fact that the defendant tried to conceal his own crime by late the time when the victim was discovered, it was urgent after the crime of this case, and it was inevitable for the victim and the fetus to have no way to request the victim's statements to her bereaved family members, etc., and the funeral procedure of the victim and the fetus is not consistent with the circumstances of the defendant's death and the defendant's death, even if there were considerable lack of defense to her prior to the occurrence of the crime of this case.

However, considering the fact that the defendant does not seem to have planned murdered the victim, it appears that he/she would have committed the crime of this case by contingently during his/her defense with the victim due to the possibility of failure to pass the specialized qualifying examination, etc., and that the defendant has no record of criminal punishment, etc., the sentence as ordered shall be determined by the prosecution, taking into account various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., which are the conditions of sentencing specified in the instant case, including the defendant's age, character and behavior, environment, motive, means

It is so decided as per Disposition for the above reasons.

Judges Han-hee (Presiding Judge)

1) The criteria for passing the qualifying examination for medical specialists are more than 60 points, and the passing rate for the primary test for the young children from 2001 to 2010 was average 93.86%, but the passing rate in 2011 was 56.85%.

2) The father of the defendant was confirmed to have been suffering from cerebral fluor and actual aftereffects of defoliants, which had been given medical treatment due to fluorous symptoms, such as her mother’s fluor and verbal abuse, etc., after running a taxi after his/her business.

3) The Defendant made a statement that he had influenced sexual intercourse (as to the investigation record No. 2493), and the Defendant was paid for one year in the course of the medical college’s preliminary examination.

4) Meanwhile, the Defendant had been provided with economic assistance and various other assistance from his wife prior to marriage (the Defendant’s prosecutor’s statement) by, for example, having to receive a subsidy of KRW 500,000 per month from the parents of the victim from the main body of the medical college and the fourth year.

5) On the other hand, Nonindicted 20 stated that “I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k't kn't kn't k

6) The Defendant made a statement to the effect that “one person who passed the above four medical examination is only one person, and thus that person was a child of the Seoul District Hospital and a military doctor (Article 2605 of the Investigation Records).”

Note 7) Data on the contents of a game conducted before January 6, 201 does not remain.

Note 8) However, the time indicated in the above CCTV seems to be correct and there is a little error.

9) Nonindicted 10 made a statement to the effect that there was no marking of the Defendant’s password from this court to another person.

Note 10) The CCTV installed in the elevator seems to have been recorded and there are some errors.

11) Meanwhile, Non-Indicted 11 stated, “A victim was able to attend a kindergarten at the beginning of December 2010 or January 201, 07:30, and the victim was able to have been able to have been able to have been able to have been able to have been able to have been able to have been able to attend a kindergarten.” (See Investigation Records No. 669 of the Investigation Record, and the court statement).

Note 12) Nonindicted 12 made a statement that “I would like to see that I would like to see that I would like to see that I would like to see that I would like to see the affairs which were in a private teaching institute near the view at the time when I would like to see” (No. 2580 pages of investigation records). Meanwhile, Nonindicted 12 would be able to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see that I would like to see

주13) 집에 들어온 이후부터 이 시각까지의 경과에 대하여 피고인은 “집에 들어와서 잠옷(희낵 아디다스 후드티 상의, 검은 색 긴 츄리닝 바지)으로 갈아입었고 피해자가 제 등에 스크럽을 해 주었다. 씻고 거실로 나오니 피해자는 쇼파에 앉아 TV를 보고 있었고, 저는 창가쪽 쇼파에 앉았다. 그리고 5-10분 정도 TV를 보았고 시험이야기가 나왔다. ‘왜 이렇게 됐는지 모르겠다. 아무래도 떨어지라고 낸 것 같다.’는 등의 이야기를 했고, 피해자가 괜찮다고 달래 주었다. 시험 이야기를 한 것은 5분도 안 된다. 피해자가 달래주다가 제가 맞장구를 치고 괜찮다 해주지 않아서 그런지 피해자가 기분이 안 좋아진 것을 느껴서 피해자를 달랬다. 기분 풀어지라고 애교를 부렸다. 그리고 (태중) 아기에게 이야기를 하고 피해자가 제 등을 긁어 주고 귀를 파주고, 제가 뒤에서 아내를 안아 주었다. 조금 더 누워 있다가 피해자가 ‘TV 재미없지? 컴퓨터 하러 들어가’라고 말해서 저는 ‘그럴까?’라고 하고 작은방으로 가서 컴퓨터를 시작했다. 집에 들어와서 피해자가 (장모님과) 통화하는 모습을 본 적이 없고, 피해자로부터 통화사실을 듣지 못했다.”라고 진술하였다(수사기록 제2504쪽 이하). 당시 피해자와 나눈 시험이야기에 대하여는 “집에 도착한 다음 피해자에게 ‘떨어뜨리려고 낸 문제도 아니고 왜 이렇게 어렵게 냈는지 모르겠다. 누구도 합격을 장담하지 못할 것이다. 족보 거의 안 탔다. 5문제도 안 탄 것 같다’는 이야기를 했다.”라고 진술하기도 하였다(수사기록 제3648쪽).

14) The following formula may be selected if the defendant's computer and the strategic Formula game, which is attached to a computer and a competition with other people, is mainly stored in the era of literature, in which the defendant's computer is connected to the Internet and is mainly stored (see, e.g., Investigation Records No. 1544 and the defendant's prosecutor's statement).

주15) 피고인은 당시의 경위에 대하여 “전화를 받으러 안방으로 갔다. 그 때 피해자는 잠옷을 입고 쇼파에 옆으로 누워서 TV를 보고 있었다. 어머니와는 절반은 시험 이야기 절반은 (임신한) 아내 이야기로 통화를 했다. 전화 받는 것을 피해자가 듣고 있었다. 피해자가 듣고 나서 장모님과 통화했다는 이야기를 하지 않았다. 그리고 나서 피해자가 피고인의 머리에 있는 뾰루지를 짜주었고, 물을 마시러 가다가 찬장 문에 이마를 다쳤다. 그리고 나서 다시 22:00경 작은방에 들어갔다.”라고 진술하였다(수사기록 제2512쪽 이하).

Note 16) The Defendant stated that no time had been set up in the ward (as seen in Section 2517 of the Investigation Records) and that the Defendant’s detailed statement of the Defendant and the victim’s criminal records from the time when he left the house on the day of the instant case are as follows III.3.

주17) 한편, 피고인은 아내로부터 쇼핑백을 전해 받지는 않았느냐는 질문에 대하여 “전해 받은 것은 아니고 가져가라고 쇼핑백을 보여주었다.”고 답하고, 그날 꼭 들고 가야 하는 물건이었느냐는 질문에 대하여 “그날 꼭 들고 갈 필요는 없었다. 그렇지만 나갈 때 가져가야 하는 거고 눈앞에 보이니까 들고 나갔죠.”라고 대답하고, 하얀색 쇼팽백은 피고인이 준비한 쇼핑백이 아닌가라는 질문에 대하여 “아내가 준 것을... 준비한 것을... 놓은 것을 그냥...”이라고 답하였다. 한편 위 물품 중 헤파린과 리도카인에 대하여는 “위 물품 중 헤파린과 리도카인를 집에 가져간 적은 없고 교육용으로 쓰려고 숙직실에 가지고 있던 것으로 병원에 반납하기 위해 쇼핑백에 넣은 것 뿐이다.”라고 진술하였다(수사기록 제2618족 이하).

Note 18) The Defendant stated that “I will not change the place in the ordinary place. I would have taken the second place on that day, and would have again extracted the place.” (Investigation Records No. 2387).

Note 19) At the time, the Defendant stated that “I will not be a victim and make a call 4 cc after 9 cc because I will not be a telephone.” The Defendant merely stated that “I will not memory. I will not memory.” (The Investigation Records No. 2388), and Nonindicted 12 appears to be in detail memory of the work on which I’s father’s father and wife died on the date of death. It is sufficiently recognized that the Defendant made the said speech by a consistent statement in the investigative agency of Nonindicted 12 up to this Court.

Note 20) Even though Nonindicted 20, the head of Nonindicted 12 sent a letter to the Defendant “Fawn”, Nonindicted 20, the Defendant sent the answer letter to Nonindicted 20, who sent the letter “Nawn,” and made a statement that Nonindicted 20 had been made (Article 1943 of the Investigation Records).

Note 21) An investigative agency requested the National Institute of Scientific and Investigative Research to read these objects, but it was appraised as “the distortions caused by the compression of images which makes it difficult to read” (the investigative record No. 100 pages).

22) On January 13, 2011, there is no record of the victim’s cell phone number omitted) and the phone phone number omitted after the victim made a telephone call with Nonindicted Party 12 around 17:48.

Note 23) Nonindicted 12 stated at the time that Nonindicted 12 stated that at the time Nonindicted 12 stated that “I would like to go through a library and called “I will go through a telephone,” without saying that I would go through the library, such as personnel or “I’t go through a telephone,” etc. (Article 2585 of the Investigation Records, etc.).

(24) The Defendant, other than personal mobile phones, has a separate cell phone for business purposes received at a hospital, but did not use the United Nations on January 14, 201, and did not use it for the preparatory period for the examination.

Note 25) On the CCTV side of an elevator corridor on the first floor, the difference between 17:04 and the present time is 17:04 and 3 minutes (in the investigation record No. 699 pages).

Note 26) As to the reasons why the Defendant was shaking, cutting, or not cutting the victim, the Defendant was aware of the fact that “the ice was once ice less iceed, was not hidden, and that he did not have her fluened. The Defendant was immediately aware of the fact that she died at a moment that she was faced with her face color. Whether the her face was sworn or not can be seen as her. At that time, there was a thought that the Defendant was not her chest (other than her abundation). At that time, there was a sense that the Defendant was her fluence, rather than determining the fluench, that it was a match that should be kept on the spot in the same case, and that it was her fluence and that it was not possible to find the fluite and the fluite phone phone. Accordingly, the brush and the fluite phone was able to make a statement to the extent that she was 139 minutes of the phone.”

Note 27) At the same time, Non-Indicted 16 consistently from the investigative agency to this court, asked the defendant "at the time of the first diagnosis" to the defendant "at this time, there was a dispute over the new wall due to the fact that the inside of the family, while the defendant asked the defendant "at the time of the first diagnosis, the difficulty was high, and the defendant did not know about the right to refuse to make a statement or the right to assistance of counsel, was made at the home because he did not know about the fact that the inside of the family, and he did not know about the fact that the inside of the family, was prone. While he was locked, he made a game, he made a statement to the Library "," but the above statement was made by the person who investigated the defendant at the site of the case, and it was contrary to the purport of the defendant's change, and there was no fact that the defendant made the above statement. At that time, it seems difficult to recognize the admissibility of evidence because the defendant was made without notifying the defendant's right to refuse to make a statement or his counsel.

Note 28) Nonindicted 16, Nonindicted 17, etc. stated to the effect that at the time the Defendant was born to the effect that the bereaved family of the victim of the death case was born differently from the usual reaction. Nonindicted 17, etc. confirmed the death of the victim and immediately left the Defendant’s house.

Note 29) The Defendant stated that he has no memory and has committed such an act (Article 2607 of the Investigation Records, etc.). At the time, the Defendant’s statement made by a person other than the Defendant is the content of the Defendant’s statement. However, as Nonindicted 12, Nonindicted 20 appears to be in a detailed memory of the situation at the time of the death of the victim as his father, as in the same manner as Nonindicted 12 appears to have been in the victim’s father, and it is sufficiently recognized by the consistent statement to the investigation agency of Nonindicted 20 and this Court. Nonindicted 16 also stated in this Court that the Defendant had reconverted the situation as above.

(30) The Defendant stated, “The victim is placed on the front of the locker’s lock, and on the front of the locker’s locker. At the time, there was a big partitions around the locker’s locker. At the same time, it was not that it was not raised once again, but that there was two times a year. A special situation is a special situation where the victim is set off. There was a time when the victim is off off or off. There was a time when the victim is getting off. There was a time when the victim was getting off. There was a time when she was off and she was laid off from the locker’s inner diameter, but there was a flabing in the locker’s inner diameter, and Nonindicted 5 stated, Nonindicted 6 of the Victim stated, “The victim was not aware of the fact that he was off and off the locker’s locker’s locker’s locker’s locker’s locker’s 2396 pages of the investigation record.”

Note 31) Nonindicted 10 made a statement to the effect that “At the time of cleaning, Nonindicted 10 made a statement to the effect that “The contact lenses storage box was in the front line of the said West, not the cremation stand.”

Note 32) The Defendant stated that the victim and the Defendant’s cell phone were above the inner rapy of the victim and the Defendant’s cell phone at the time when the Defendant was invaded (the investigative record No. 2383 pages).

33) Considering the structure and height of the building, it seems practically impossible to enter the windows.

Note 34) The Defendant also stated that “When she entered the house, she would have been aware of the same shape as at the time she entered the house, she would have come well. At the last time, she could not know about the location of the house at the time she left the house. At the time of her on-site inspection, she would have seen the same position as at the time of her on-site inspection as at the time of her on-site inspection. The cosmetic or shock was the same as at the time of her on-site inspection. There was no fact that she had been far known because she was originally engaged in a shock (Article

Note 35) In relation to fingerprint inspection, Nonindicted 8 stated in this Court that “The part of Nonindicted 8, including the Defendant and the police officers, has already been opened and opened a door, and there was no value of fingerprinting as a fingerprint.”

주36) 피고인은 이에 대하여 “2011. 1. 12. 밤에 작은방 화장실에서 있을 때 와장창하는 소리가 나서 안방에 갔는데 조명기구가 분해가 되어 있었고 왜 분해가 되어 있는지는 아내에게 안 물어봤다. 아내가 다쳤는지 깨졌는지 확인했던 것은 기억이 난다. 제가 협탁 밑에 쌓아 놨다. 조립시도는 해 보았는데 안 되었다. 화장실 가기 전에 어떤 일을 했는지는 기억이 안 난다.”라고 진술하였다(수사기록 제2609쪽).

Note 37) The U.S. is 37: eyebrow, the non-fluence part, the right-hand scam part, the right-hand scam part, the right-hand scam part long, and the “scam” means the scam.

Note 38) The right lower portion means the eye, the front and rear side of the beam, the front and rear side of the right side, and the left knee part, under the right side.

Note 39) 5.

Note 40) In this Court, Nonindicted 4 thought that there was a possibility that the building accompanied by the building would have been ex post facto formed. However, even if it was an ex post facto phenomenon, it did not specifically mention it since it did not affect the direction of the autopsy report. Nonindicted 4 stated that it is not whether it was explained at the time of the occurrence of a private person.”

Note 41) According to the legal statement of Nonindicted 4, etc., the meaning of the above statement is that alcohol was not detected in blood.

Note 42 see, e.g., photographs of the 22 pages, 33 pages of the investigation records.

Note 43) The Defendant stated that he contained his clothes in his house in his house, which he had been placed in his house, but Non-Indicted 10 stated that the Defendant and the victim suffered in his house merely opened clothes, and that he did not put them in his house.

Note 44) In this Court, Nonindicted 6 stated in this Court that “The response was made by conducting a urine test on the part of the part of the victim’s sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part of the sagn part, which was 10

Note 45) Nonindicted 10 stated, “At the time of cleaning the Defendant’s house, Nonindicted 10 stated, Nonindicted 10: “At the time of cleaning the Defendant’s house, the instant cup was ordinarily 3-4, but was about 6-7 times in a large number, 2-3 times in the entry, and 2-3 times in the entry.”

Note 46) According to the Defendant’s statement, it is the place where the comments are written by putting the pictures claimed as a female-friendly tool.

주47) 흔히 보이는 소위 ‘사마귀’보다는 좀 작고 납작하게 생긴 것으로서 발생 부위는 손과 얼굴 쪽이고 바이러스에 의해 생기는 감염질환인데, 이 자체를 아토피 피부염으로 볼 수는 없다. 그리고 보통 자각증상은 없으며 가끔 가렵다고 하는 사람이 있긴 하나 편평사마귀 자체 때문에 가려움증이 심하지는 않고 일반적으로 가려움증이 심한 경우에는 스테로이드제를 쓰거나 항히스타민제를 사용하나 당시 피고인에게 위와 같은 치료나 처방을 하지는 않았고, 당시 피고인의 피부에 대하여 뾰루지 또는 건성피부염에 진단 내역은 차트상으로는 존재하지 않는다(공소외 25 법정진술 참조).

Note 48) The part concerning the defendant's or his defense counsel's assertion is referred to as "the defendant".

In this Court, the Defendant exercised the right to refuse to make statements against the Defendant’s examination by the prosecution, unless the Defendant made a statement that there was no fighting or physical contact with the victim at the time of the instant case. The specific contents of the statement are based on the statement made at the time of the examination of the suspect

Note 50) It means the case of death as long as the person is unable to be infected by drugs, alcohol addiction or other factors, and so long as it is impossible to do so, it means the case of death.

51) It seems that there is no dispute over the fact that the place of death of the victim is the house of the defendant, that is, the victim's death from the outside of the defendant's house does not move to the house of the defendant.

Note 52) The time when the victim died is logically possible from January 13, 201, when the victim returned home, but the prosecution specified the time after 03:05, which the defendant had finished his computer normally. The defendant was living before around 03:05, and the time of "03:05" does not undergo any further review.

Note 53) Reference to the statement by the first day of preparatory hearing. See the statement by the defense counsel at the first day of preparatory hearing. “In relation to the specification of the facts charged, it is unclear whether the place of murder is a bath room or an inner room because only the ambiguous expression of “the scene of the crime” was used, ② whether the method of murder was killed by hand, or by sparing, or by using spar, etc., the method of murdered by the two hand if the murder was killed by hand, or whether the CCTV was killed by sparing the trees from the rear side or by sparing them, ③ The time of the crime was 06:41, and thus, it is unclear that the argument that the CCTV was killed before the same time is specified for each part of the crime.”

Note 54) The phrase “06:41” as indicated in the facts charged in the instant case is based on CCTV at the time when the Defendant started his house, and there is a somewhat little error, and the Defendant may go through a certain time to get off the elevator. However, the meaning of “06:41” is not the accurate time in that the time when the Defendant started his house, and the purport of the facts charged is that the Defendant murdered the victim before his house, and thus, it does not interfere with the specification of the facts charged.

Note 55) The scke of a scke by hand refers only to the scke of the upper part of the scke, and it refers to the scke of the upper part of the scke and the scke of the upper part of the scke and the upper part of the scke of the upper part of the scke and the upper part of the scke of the scke or the upper part of the scke

Note 56) Nonindicted Party 1 also stated that there was an error of the victim’s injury in the victim’s item (the injury) and that the said injury was likely to be pressured by hand.

Note 57) After the suspension of the heart function, the blood from the blood in the bloodline means sound blood that can be raised with heavy force.

Note 58) Nonindicted 1 does not exclude the possibility of blood transfusion by external force.

Note 59) Since internal personnel do not respond to blood and contain liquidity cancer blood, they have conditions that show the vision strong (see, e.g., Nonparty 7’s legal statement).

60) Nonindicted 1 also stated that “The time and self-assessment differs from the experimental outcome of the thesis and the outcome of the instant case.”

Note 61) In the case of liquid death, Non-Indicted 1 and Non-Indicted 1 make a statement on the premise that “underlying and string-shaped timber hole” is characterized by liquid death. Meanwhile, Non-Indicted 4 states that “In the case of liquid death by a boxes, whether he/she may flow out blood in the breath and string in the breathal body, he/she must explain how he/she has a quality test by any specific reason. It should not be accompanied by the appearance that he/she shows a quality test even in the breathal body on the breathal body, without any specific explanation.”

Note 62) In this Court, Nonindicted 4 stated in this Court that “In the subject of gypt, which is widely used as a medical textbook, Nonindicted 4 explained to the part that, when the parts of the gyptopia in the subject of gyptia, the physical external powers have been impaired directly on the part of the gyptia, such as liquid, it is not an anti-epidemia. It is not an anti-epidemia. A state that, in the case of the gyptia based on the gyptia, the gyptia may not occur even if the gyptia excessively gypted trees and the pressure has been reached, the gyptia cannot occur.”

Note 63) The written opinion submitted to the court by Nonindicted Party 1 states that there is no sacratic sacratic sacratic 4 in this court, but this court stated that the sacratic 4 in this court, and that the sacrine sacrine sacrine sacrine sacrine sacrine sacrine sacrine can be one of the grounds that the sacrine sacrine sacrine sacrine sa

Note 64) Nonindicted 1 also states to the same effect.

Note 65) In this Court, Nonindicted Party 1 stated in this Court that “five (five (five) blood transfusions from the back of the victim’s head are accompanied by two spons, so it may be caused by external force, but the upper part of the other parts may be caused by external force, but it may be caused by a sponse. However, if the body is limited to the head and the other parts are not considered at all, five blood transfusions from the two sponse are far more likely to be caused by shock.”

Note 66) As seen earlier, the Defendant brought shopping bags on the day of the instant case, which did not need to bring the valley, and it cannot be ruled out that the Defendant brought about the suspension, etc. of which he was removed from blood traces, and visited the scene of the instant case at will on several occasions after the instant case.

Note 67) Nonindicted 1 also states to the same effect.

Note 68) Nonindicted 1 also stated, “If the victim is going beyond his/her face, he/she shall not have a face.”

Note 69) The upper part of this area, including Nonindicted Party 1’s inner part, states that the upper part of this area is a wound by shock.

70) The Defendant asserts that among these, knenee-compane-companion should be excluded from the premise that kne-compane-compane-companion is facing one another during daily life, but it seems that there is no special reason to exclude this. In addition, the Defendant asserts that the Defendant was alive at the time of the victim’s appearance under the premise that the victim was born over the number of joints of the victims, but it is difficult to accept.

Note 71) If this family is to be established, the direction of the head should be changed after the snow is shakeing the right side of the eye.

Note 72) In this Court, Nonindicted 2 also stated in this Court that “The head was toward a little right when entering the first bath, but the force of the nearby land was grassed after the death, and the body was cut to the lower end, and the head was caused by the slurry, and the body was slurged to the lower end, and the body was slurged later. However, in general, it cannot be said that it was impossible to do so when viewed.”

Note 73) Nonindicted 2 made a clear statement to the so-called mother customs phenomenon that “it shall not go through, but shall not go through, ditches,” with regard to whether snows or skins can go to the erode.”

Note 74) The patients who received bombing treatment tend to take food passively due to anxietys about increase in the body, and passive food consumption may have a serious impact on the mother's health during pregnancy and may also deteriorate the symptoms of bombing.

Note 75) Based on a lower numerical value than the base value, the victim was suffering from hystrophism, and such hystrophism may be aggravated due to the increase in the body of the pregnant horse.

Note 76) This asserts that this may cause a sacrificing and a heart function to be low, and that the heart function may be self-convened when the core function has been lowered.

Note 77) The Defendant does not refer to the situation that is suitable for the room of food due to brain dead while the victim exceeded, but rather appears to have asserted the possibility of having reached the room of food and clothing, and this is examined only (see the summary of the pleading).

주78) 피고인은 “피해자의 건강상태는 크게 나쁘지 않은 것으로 알고 있다. 빈혈은 제가 알기로 없는 것으로 알고 있다. 아내가 ♤♤산부인과 병원에 12월에 갔는데 괜찮다고 저에게 말해 주었다.”라고 진술하였다.

Note 79) The Defendant asserted that the above autopsy results cannot be trusted because he did not conduct an organizational inspection on the victim’s long-term, etc., but Nonindicted 4 stated to the effect that “Non-Indicted 4 did not conduct an organizational inspection on the ground that he did not determine a private person as an external personnel at the time of the autopsy but did not conduct an organizational inspection after hearing that there was controversy about the failure to conduct an organizational inspection, and that there was no particular outcome of disease.”

State80) In particular, one of the criteria for the diagnosis of a quality certificater on a abnormal tax basis requires “a state in which there is no opinion, such as any other opinion, damage, disease, etc., to be a dead person” (see the previous three legal statements). However, in this case, there are several damages indicating that a person is a dead person, and it seems that the criteria for the diagnosis of a quality certificater based on a abnormal tax are not satisfied.

81) Meanwhile, Nonindicted 4 stated in this court that “(legal medical science) 06:41 transfer cannot be called before being stamped by herbbbbbbbbbing. Based on the photo taken from △△ Hospital Hospital’s room, Nonindicted 4 stated that “In order to form this degree of vision, Nonindicted 4 would have experienced that he would have been able to not less than 10 hours even more than 10 hours more than 10 hours more than ever.”

Note 82) Even though Nonindicted 9 arrived at the site, Nonindicted 9 appears to have arrived at the site immediately after Nonindicted 8 et al. arrived at the site, Nonindicted 9 appears to have arrived at the site, considering Nonindicted 16’s above statement. Nonindicted 9 appears to have arrived at the site immediately after the arrival of Nonindicted 8 et al.

Note 83) However, in consideration of leapprossis, it would be difficult to regard it as 4 hours prior to 18:0 cc.

Note 84) There is a method of considering the change of the foundation, the degree of the foundation of the body, the change of the contents of the body, and the change of the post temperature.

85) In the instant case, the victim’s death place is likely not to be a bath in full view of all the circumstances. As the boiler temperature in the inside bank refers to 21°C higher than the bathing tank, there is a big difference from the temperature of the inshore room.

86) Nonindicted 2, etc. also stated to the effect that there is no legal basis to readily conclude that the victim died before 06:41.

Note 87) More detailedly on this, “I listen to and work at the storm,” and “I am 05:40. I am blick, not at 05:40. I am blick, but at the time when I am at a hospital, I am blick at the time of study while I am at the hospital. I am blick at the time when I am at the hospital. I am am blick at the time of study. I am blicker than before blick (I am 2381 of investigation record).

Note 88) At the time of the first interrogation of suspect, the statement was made at around 05:50-05 (No. 2381 of investigation records).

Note 89) The Defendant did not show shower on the day of the instant case (No. 2524 pages of investigation records).

Note 90) Nonindicted 11 stated in the prosecutorial office that he saw his head and sacrifies his head.

Note 91) Considering the time set during the mobile phone inundation time, recently, it seems that the time has been 05:40 times.

Note 92) The victim seems to have served as a drinking day and to have served as a drinking day in the attendance vehicle, and in case of Overwork, it seems that it was prepared at the night immediately before the previous night (see, e.g., Nonparty 12’s statement).

93) The victim seems to have been able to receive cremation even after pregnancy even after considering the victim's photographs taken after pregnancy (Article 2879 of the Investigation Record).

Note 94) Taking into account all the statements of the surrounding people on the victim’s attendance time, such as errors in CCTV hours and CCTV hours required for entering the parking lot and moving the vehicle and moving the vehicle to the exit.

Note 95) It is difficult in itself to understand that the victims of site habits who work much more than 9:00 hours prior to the attendance without absence from office, and that only 40-50 minutes of TV are viewed as 40-50 minutes of attendance without any preparation for attendance even if they worked at around 05:50-555.

Note 96) Considering the fact that the Defendant’s work on the day of the instant case calls for 55 minutes from the viewpoint that the Defendant asserts that he had worked to go to the end of the house.

Note 97) As seen earlier, six cups and one excessive amount was found in Washington.

Note 98) Of course, DNA may not be detected even when they are faced.

99) At the time, the Defendant made a statement on this reason as “I do not know it well because of the lack of restraint” (the investigative record No. 2528 pages). It is difficult to understand that the pains, even if the Defendant’s statement is based on the Defendant’s statement, can be seen as a test and a test report, and that the pains, in the upper part of the case where the Defendant did not report on the test, were sent to him.

Note 100) stated that “The well-known marbling marbling marbling is not any person who was released (scrick, marbling marbling). A person who was aware of at any time, but who was paid marb in mar, etc. shall be found.” (No. 2516 pages of the Investigation Records).

Note 101) The Defendant stated that “(except for the ma and the upper part of the arms and the arms) he was investigated by the police, and the police officer was able to talk.” (No. 3645 pages of the Investigation Records).

Note 102) It is reasonable to view the victim as the victim in light of the fact that the DNA was detected by the defendant at the left hand of the victim, the blood trace discovered in the victim's body and the defendant's clothes, and the circumstances of various parts found in the victim's body.

Note 103) Nonindicted 2 stated in this Court that “The primary test was reported, and Nonindicted 2 stated that “The following day was not deemed to have been a post-speak, speak, or line as a library.”

Note 104) In light of the conclusion of this case that the defendant is a criminal, it is deemed that the defendant will make a house early.

Note 105) The Defendant entered the Nowon-North Korea reading room (it is not known whether the data read to Nowon-North Korea was a material relating to the qualifying examination for specialists or an actual material thereof) where the seat assigned to him/her was changed to a place where CCTV cannot be seen, and such behavior is somewhat doubtful.

Note 106) Defendant also stated that he was extremely rare (No. 2389 of the Investigation Records).

Note 107) The Defendant made a statement that the victim did not know that he did not notify this fact, but the Defendant was immediately aware of the fact that the victim had been in the same place as the Defendant, and that the Defendant was in the same place for four minutes, and that the Defendant’s mother was aware of the fact that the Defendant was in the phone from her mother. It is difficult to deem that the Defendant did not speak of the fact that her mother was in the phone. Accordingly, it is difficult to readily believe that the Defendant’s

Note 108) In light of the conclusion of the instant case, the Defendant, who is a criminal, is the mother of the person with the highest possibility of finding the dead body of the victim first. As such, the Defendant’s mother is aware of the fact that the victim’s time to work is not a telephone until the victim’s time to work at night, and further, the Defendant’s mother is able to know the situation by calling the victim at least four times prior to the victim, and the Defendant appears to be able to know that the above situation is not a telephone up to four times (or by not doing so, it seems that the above statement was likely that the mother might have been aware of the fact of the victim’s death, but rather, it would have been likely that the Defendant could make the victim suffer from suspicion of the death by making the victim known at the latest.

Note 109) Even on the day of the instant case, the library had a mobile phone for the purpose of making a telephone to the head of the library while on the day of the instant case, and had been out of the reading room.

(110) At the time of on-site inspection, it is difficult to view that the Defendant’s cell phone image was refluent in a refluent machine (i.e., the Investigation Records No. 2101), and that the Defendant’s cell phone was fluently cut in a machine. Furthermore, the Defendant did not make a statement that the mobile phone was fluent (i.e., the location of the mobile phone after receiving the phone from the mother) even before the point of the trial, and even before the point of the trial, the Defendant was sufficiently gluent, if not, before the point of the trial, and even before the point of the trial, it is difficult to view that the Defendant was fluently fluent in a machine. It is reasonable to view that the Defendant intentionally put the vibration into the machine in a fluor so that the vibration was not easily dried.

Note 111) In light of the conclusion of the instant case, the fact that the Defendant was unable to contact the victim by another person (such as the victim’s work compensation, etc.) upon receipt of the phone is inevitable, and the Defendant is bound to confirm the fact of the victim’s death at home. If so, it seems that the fact of the victim’s death cannot be informed as soon as possible. Moreover, if all of the mobile phones are opened, it seems that all of them cannot be taken out because they can be more doubtful.

112) The victim had given birth to the victim at the time, who was absent from work, and was not absent from work at the time, so it would have been sufficiently anticipated that the victim could have suffered a difficult situation. The victim could have been sufficiently predicted that it was difficult for the victim.

주113) 피고인은 스크럽을 하게 된 경위 등에 대하여 “스크럽은 하게 된 지 얼마 되지 않았다. 제가 몸에 각질이 많다. 아내가 비듬이냐고 물어봤다. 그런데 그게 각질이어서 스크럽을 해 주었고, 건성피부다. 얼굴에는 기름이 많아 지성피부인데, 몸은 그 정도는 아니었지만 얼마 전부터 2010년 가을이나 겨울부터 각질이 시작되었던 것 같다. 제가 관리를 안 하고 살이 찌니까 얼굴은 아직도 기름이 많은데 몸은 피부가 바뀌고 있다고 생각했다. 피해자가 샤워할 때 일주일에 1-2번 스크럽을 해 주었다. 스크럽을 시작해 줄 때 제가 느낀 증상은 없고, 아내가 비듬같은 것이 많이 떨어진다고 하면서 해 준다고 하였다. 등이나 몸은 언제나 가렵다. 하루 종일이란 뜻은 아니고, 그것은 건성피부로 바뀌기 전에도 자주 가려웠다.“라고 진술하였다(수사기록 제2505쪽 이하). 또한, 피고인은 앞서 본 바와 같이(각주 15)) 2011. 1. 13. 피해자가 피고인의 머리에 난 뾰루지를 짜주었다고 진술하였는데, 그 경위에 대하여 “2011. 1. 13. 전에도 피해자가 제 뾰루지를 많이 짜 주었다. 결혼한 후에는 그랬다. 하루나 이틀에 하나씩은 꼭 났다. 날 때마다 아내가 짜 주었다. 피해자는 그리고 손을 씻지 않았다. 아내가 썩 잘 씻는 편이 아니다. 위생관념이 없다고 해야 하나. 그 날(2011. 1. 13.)은 개수는 정확하게 모르겠는데 하나인 것 같은데, 정확하게 모르겠다.”라고 진술하였다(수사기록 제2514쪽 이하).

114) When the Defendant discovered a blood trace from the bed, the Defendant stated at an investigative agency that “the victim was not able to wear before January 13, 201, and on January 2011, the victim was fluored at the time when the her was fluored with the brus under his/her hand. The victim was fluored. The Defendant showed that he/she was fluored. The fluor was fluord with the fluor. The fluor was fluored once a day. It is difficult to see that the fluor was clean, such as the fluort, unless the fluor was fluored.” (hereinafter “Investigation Record”).

주115) 현장검증 당시에도 피고인에게 별달리 뾰루지 흔적은 없었던 것으로 보인다(수사기록 제2082쪽 참조).

Note 116) Nonindicted 10 stated in this Court that “At the time of cleaning on January 12, 2011, Nonindicted 10 made a statement to the effect that “In the course of cleaning on January 12, 201, Nonindicted 10 made it difficult and clean that the Defendant’s clothes at the Defendant’s home, booms, and he did not seem to have been seen as in the bloodstain at the Defendant’s house.” Accordingly, the bloodstain appears to have occurred at the night on January 12, 201 through January 14, 201, and it is difficult to deem that it occurred at once in the

Note 117) Considering the bloodtains, urines, and decomposed lighting instruments found in the invasions and sediments, the location of physical dispute is highly likely to have been invaded.

Note 118) Nonindicted 2 stated in this Court that “NA may be detected on the urine,” “The detection of DNA may be mixed with a naturally following cell from the process of forming a urine to the cell, and the process from the process of producing a urine to the process of discharging the urine may be mixed with a naturally following the body of the entire people. Since a urine cell or an urine cell is mixed with a urine cell, it may be detected without a large quantity as blood.”

119) Meanwhile, adult victims seem to have low possibility of faceing urines to face urines intentionally or intentionally, and there appears to be a phenomenon in which urines are leaked in the course of death. Since urines are considerably high in the number of urines to face urines, it is highly likely that the victim might have experienced the same process of death in urines (see, e.g., Nonparty 2’s statement in court).

120) Even if the defendant passed the qualifying examination for medical specialists, it is very uncertain whether he will become a military doctor and his workplace is. However, even according to the defendant's statement, if there is a person who passed the qualifying examination among the motive of Magna Hospital at the time, one of them would actually work at the National Armed Forces Seoul District Hospital. However, if the defendant passed the qualifying examination for medical specialists, it seems that the defendant would have been highly likely that he would work at the National Armed Forces Seoul District Hospital as the wind of the victim, so the victim would have been able to have passed the qualifying examination for medical specialists. In fact, one of the above four persons would have passed the qualifying examination, and the defendant stated that he would have passed the qualification examination for medical specialists.

Note 121) In the early stage of the instant case, deeming that the Defendant made a statement to the effect that “the Defendant unilaterally got off to the victim” to Nonindicted 20, etc., it appears that the victim’s right to reply appears to have been reasonable. Meanwhile, the Defendant stated that the Defendant first told the Defendant to go out of the game on the day of the instant case, but considering the various circumstances, it is difficult to deem that the Defendant said that the Defendant first

주122) 피고인은 피해자의 성격에 대하여 “책임감이 크고 동생들을 챙겨주고, 어른들을 챙긴다든지 인사드린다든지 하는 사화성이 좋았다.”라고 진술하면서도 “한번 토라지면 홱 토라지는 스타일이다. 잘 운다.”라고 진술하기도 하였는바(수사기록 제2366쪽), 피고인의 진술에 따른 피해자의 성격에 비추어 보아도 당시 피해자의 불만 표출은 상당하였을 것으로 보인다.

According to CCTV images at the time of returning home on January 13, 2011, it is highly likely to have already been expressed by the victim's complaint from this time.

Note 124) In addition to the Defendant and the victim, Non-Indicted 10, who knows the password of the Defendant’s house, cleaning at another house on the day of the instant case, was proved to be Alba (see Investigation Records No. 1603);

Note 125) Even if considering the maximum delay of the time of the victim’s death, it is reasonable to view that Nonindicted 11 was the status of the victim’s death at the time when Nonindicted 11 started to call the victim (08:56).

Note 126) If there is no security card, it is a structure that has to board an elevator for up to two floors even if it is listed through an emergency stairs.

Note 127) Even if there is a possibility that the possibility of intrusion of a third party may not be completely ruled out by the above investigation method of a domestic investigation agency, it seems difficult to raise reasonable doubts about the crime by the accused sufficiently recognized by the above various indirect facts and circumstances solely with the abstract possibility.

Note 128) The sentencing guidelines for murder crime were revised on March 21, 201 and enforced on April 15, 201. The prosecution date of this case was March 23, 2011, and the sentencing guidelines of this case were changed during criminal trials, and, in principle, the sentencing guidelines should be applied at the time of prosecution unless the scope of the recommended sentencing is unfilled. Thus, the sentencing guidelines prior to the revision should be applied.

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