2013Gohap586 Violation of Special Act on the Punishment, etc. of Sexual Crimes (Rape, etc.)

(homicide), homicide, damage to a corpse, abandonment of a corpse;

2013. Consolidated order for attachment

Claimant

A

Kim Jong-chul (prosecution, public trial)

Attorney B (Korean National Assembly)

December 27, 2013

1. The defendant shall be punished by imprisonment for life;

2. One (No. 1) of the green knife (17 cm in length), one yellow knife (14 cm in length), one (14 cm in length) of the yellow knife (2) of the knife (4 cm in knife) of the knife, one (4 cm in knife), and one mobile phone (C) of the knife (28 cm in knife);

3. It shall disclose and notify the information about the accused through an information and communications network for twenty (20) years (Provided, That the summary of the crime to be disclosed and notified shall be limited to the crime No. 1 in its holding).

4. To the person against whom the attachment order is requested, an electronic tracking device shall be attached for 30 years.

5. To a person against whom an order to attach an electronic device is requested, matters to be observed as described in the attached Form shall be imposed during the period of attachment.

Criminal facts and the facts constituting the request for attachment order

【Criminal Facts】

Defendant and the person subject to a request for attachment order (hereinafter referred to as “Defendant”) are those who have deep interest in the dissection of the human body, such as enjoying a cruel image by a coffee shop employee set up at high school, linking the body’s organ and collecting the body through the Internet, and trying to spread the long term delivery method by taking the image. Meanwhile, the victim D was a woman of 17 years of age who was attending a cosmetic, and only 2 and 3 times of age who was only the Defendant.

On July 8, 2013, around 05:28, the Defendant had been accommodated with 807 E-gu E-Ma 'Fel', 14:40 on the same day, proposed the victim to play in the above Makakaox, and the victim respondeded to this, the Defendant, who was interested in the dissection of the human body, was raped and killed the victim, and was able to conceal the crime by dissecting the body.

1. Violation of the Act on the Punishment of Sexual Crimes;

On July 8, 2013, at around 15:30, the victim 15:30 of the above Moel 807, and the defendant, at around 16:00 on the same day, left the Moel to treat the fat infection of G while being mixed with the victim. At around 16:00 on the same day, G purchased a large number of industrial soft (14cm in total length) and a small number of kats (10cm in total length) in the “Jatt in the vicinity of the area where G is provided treatment”, and returned to G and the above 807 room of the above Moel.

At around 19:24 on the same day G, the above her her arm’s lengthur, and the Defendant sent her cell phone text messages around 19:46 on the same day to the victim, who had her knife small knife knife, which was a deadly weapon prepared in advance, and forced the victim to her resistance, and forced the victim to engage in rape after having her shower. However, at around 19:39 on the same day, G attempted to commit the crime again into the above her cellular phone in order to find her cell phone, and then suspended the crime again at around 19:46 on the same day by getting the victim take off her cell phone, and pressure the victim to sound her body, thereby preventing the victim from taking out her body of the victim, going beyond 19:46 on the following day.

Accordingly, the defendant attempted to rape the victim by using a deadly weapon, and murdered the victim by committing the attempted rape.

2. Bathal bath;

At around 20:00 on the same day, the Defendant followed the body of the victim who was killed at the above 807 room of the above Maurel 807, and then saw the body in a way of sexual intercourse by inserting the victim’s sexual organ into his sexual organ and inserting the victim’s sound into his sexual organ.

3. Destruction and damage of carcasses;

At around 21:00 on the same day, the Defendant: (a) taken the body body of the victim killed in the above-mentioned 807 room into a toilet and took the body body part of the victim in a bath containing water; (b) putting the body part of the left-hand arms in a large industrial knife that was prepared in accordance with paragraph (1) and throw off water; and (c) damaged the body part of the victim, such as her am, light, hair, chest, internal face, etc., for about 16 hours from around that time to July 13:00, 2013.

4. Abandonment of a dead body.

On July 9, 2013, at around 14:28, the Defendant contained the remains, etc. of the victim, which were dynasium 807, such as paragraph (3), in a tent for the collection of laundry products and in a verification-style plastic paper paper, and abandoned the body by inserting them in K’s container laundry clothes of the wife population at the time when the Defendant resides.

【Fact of Grounds for Request for Attachment】

The defendant is interested in the dissection of a human body and has committed murdering crimes, such as murdering a victim of a deadly weapon and damaging the body of the victim, while trying to rape the victim with a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, L and M;

1. The first through seventh suspect examination protocol of the accused by the prosecution;

1. Statement made to the prosecution by the N;

1. Each police protocol of statement about 0, M, P, Q, R, S, T, U, and V;

1. Protocol of inspection and each protocol of seizure;

1. Written opinions of doctors (A), certificates of discharge from a deposit (A), and records of medical copies;

1. CCTV photographs purchased by a suspect who purchases a knife, and damaged the body of a victim;

1. Report and recommendation on the occurrence of a disaster, the preparation of a report on the occurrence of a disaster, the data on the analysis of suspect, cell phone evidence of victim, the records on murder and the photographs of dead bodies, the records on the site records of murder and dead bodies, the reports on the results of autopsy conducted by the tB National Card company (A card transaction details), each request for appraisal, each digital evidence analysis report, each digital evidence analysis report, each digital data analysis report, correspondence data inquiry report, the data review report on a seizure warrant, the results of the inspection of a false verbal detection machine, one copy of the request for appraisal (2013-M-28256), one copy of the request for appraisal, a autopsy report, and a mental diagnosis report;

1. An investigation report (in the event of the arrival of an investigation), investigation report (in the event of the purchase of a Kao-mail), three CCTVs including a suspect's residence), investigation report (in the event of the detection of a shot-stop photographs as a result of the CCTV search), investigation report (in the event of the detection of a stop-stop-stop-stop-stop-stop-s top-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-stop-s-stop-s-s-s-s-s-s-s-s-s-s-s-s-s-s-stop-s-stop-s-s

1. The risk of recidivism: (a) the following circumstances acknowledged by the evidence mentioned above and the statement of the request for attachment order: (b) the Defendant had a continuous and deep interest in the autopsy of human body, such as enjoying and watching cruel motion pictures or long-term screen pictures; (c) the Defendant was prevented from approaching the Defendant’s behavior while working and drinking before the crime of this case, even around June 2013; (c) the instant crime was committed only 2 and 3 times, and only 16 hours after the preparation of dangerous weapons; and (d) the Defendant had tried to rape the victim; and (e) the Defendant appears to have committed a crime of this case with no risk of committing a second-class crime of committing a second-class crime of this case, 16 hours after the occurrence of a second-class crime of this case; and (e) the Defendant appears to have committed a second-class crime of this case with no risk of committing a second-class crime of committing a second-class crime of this case with no risk of committing a second-class crime of harm to the Defendant’s body.

Application of Statutes

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

Articles 9(1), 15, and 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, Article 159 of the Criminal Act, Article 161(1) of the Criminal Act, Article 161(1) of the Criminal Act, Article 161(1) of the Criminal Act (the point of causing death) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act does not impose any other punishment, since a person selects an imprisonment for life in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) with the largest penalty

1. Confiscation;

Article 48 (1) 1 and 1 of the Criminal Act;

Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to Article 1 of the Act)

1. An order to notify;

Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to Article 1 of the Act)

1. Article 5 (3), Article 9 (1) 1, and Article 9-2 (1) 1, Article 9-2 (1) 2, 2-2, 3, and 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to the issuance of an order to attach an electronic tracking device and matters to be observed;

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant had sexual intercourse under the agreement with the victim, and attempted to commit suicide thereafter, but the victim did not have attempted to murder the victim by taking the victim's plenary session, and there is no possibility that the victim attempted to rape, and there is no desire to mislead the victim by having sexual intercourse with the victim's body.

2. Determination

A. Key issue

According to the records, the Defendant led to the confession of attempted rape and attempted rape in the judgment of the competent prosecutor’s office from July 19, 2013 to September 2, 2013, which had been investigated eight times at the Suwon District Prosecutors’ Office from around July 19, 2013, and led to the reversal of the 8th interrogation time, and denied this until this court. Accordingly, the issue of the instant case is whether the credibility of the Defendant’s confession statement at the prosecutor’s office is recognized, and whether the Defendant is guilty of attempted rape and the desire for the body of the Defendant.

(b) Relevant legal principles;

The mere reason why the confession, etc. at the prosecution is different from the statement in the court cannot be deemed to be the reason that the credibility of the confession is doubtful. In determining the credibility of the confession, the determination of the credibility of the confession should be made based on the following factors: (a) whether the contents of the confession, in itself, are objectively rational; (b) the motive or reason behind the confession, what is the motive or reason; and (c) the circumstance leading up to the confession, among the circumstantial evidence other than the confession, does not conflict with or conflict with the confession; and (d) whether there is a situation in which the confession would give a reasonable doubt in the motive or process of the confession (see Supreme Court Decision 98Do159, Mar. 13, 1998).

C. Determination

In light of the above legal principles, the credibility of the defendant's confession statement at the prosecutor's office is recognized in full view of the following circumstances recognized by evidence duly adopted and examined by this court. Thus, it can be sufficiently recognized that the defendant attempted to rape and attempted to commit rape, and then sexual intercourse with the victim's body.

1) Voluntary statement of confession

In light of the question form of each protocol of interrogation by the prosecution, the contents contained therein, and the degree of intelligence of the defendant, etc., it is determined that the confession statement by the defendant at the prosecution was made relatively freely in a situation where the defendant had no particular reason to harm uneasiness. Thus, the voluntariness of the statement

(ii)the consistency, specification and rationality of the confession statement;

The Defendant consistently made a statement about the circumstances of each of the instant crimes, method and contents of the crime, response of the victim, situation before and after the commission of the crime, and the location and direction of the body before and after the death, the specific method and time required for the crime, etc., by the time of the 7th examination of the prosecution. The Defendant’s confession statement contains specific and distinctive contents that are unable to make a statement without experience, and is very natural considering the structure of the guest room at the time and the arrangement of households at the time. Moreover, even when comparing each of the instant crimes and the time when the Defendant sent text messages or made telephone conversations, it is difficult to find any inconsistency in the Defendant’s series of statements about the background or method of the crime.

3) The circumstances leading to the confession

The defendant stated that he murdered after raped the victim in the initial investigation conducted by the police.

A. After confirmation of the victim’s Kakakao text transmission time 1), the victim’s statement was found to be unreasonable, resulting in murdering the victim and committing sexual intercourse with the victim’s body. The Defendant made a false statement at the prosecution to the effect that “all people denied the crime of homicideing the dead body, considering that all people considered to have caused rape,” (No. 4, 2259 of the evidence record). In light of the background leading up to the confession, the Defendant’s attitude or content of the Defendant’s statement, etc., the credibility of the confession statement is considerably high.

(iv) Results of the inspection of a false horse detection device;

In two times, the investigation of a false statement detection devices was conducted against the defendant, and the result was that all the defendant committed the attempted rape and the crime of homicide.2) The above examination results can be sufficiently recognized as circumstantial evidence that recognizes the credibility of the defendant's above statement.

(See Supreme Court Decision 87Do968 delivered on July 21, 1987, etc.)

5) Reasons why the defendant reversed his confession statement

On July 30, 2013, after the 7th examination of the suspect, the Defendant reversed the confession statement after meeting with his family on July 30, 2013. In light of the fact that there is no other objective and reasonable circumstance to reverse the confession statement, the circumstances leading up to the confession and the credibility of the confession, etc., there is a high possibility that the reversal of the above statement was made by falsity due to the punishment of the crime against the family members or the suppression of the above confession.

(vi) Other circumstances.

① At the time immediately before the instant crime was committed, G, along with the Defendant, the victim, and the victim, stated in the investigative agency and this court that “I am the victim due to the gap in the toilet door that was opened again in the search room for mobile phones.” If the victim did not have been in a state of difficulty due to intimidation from the Defendant, it would not be said that the victim saw the shower without opening the toilet door, and it would not be said that the victim was in a state of difficulty.

② The Defendant led to a confession made to the effect that “after killing a victim, the Defendant had sexual intercourse with the victim,” and that the Defendant’s sperm was detected in the part of the body of the victim (No. 4, 2075 through 2088 of the evidence record), and such circumstance also conforms to the Defendant’s confession statement.

3 The victim was only 2 and 3 times before the crime of this case was committed, and the defendant voluntarily stated that "the victim is not friendly with the victim" (No. 4 rights 2040 of the evidence record), and the defendant's appeal that the victim merely 17 years old was sexual intercourse with the defendant who did not have any particular friendly relationship with the victim after completing shower. It is difficult to believe that the defendant's appeal that he had sexual intercourse under the agreement is difficult.

④ Although the Defendant alleged that he was to purchase a knife to commit suicide in violation of his own knife and commit suicide, there is no particular reason to have purchased two or more knife knife including an industrial knife.

⑤ After killing the victim, the Defendant: (a) destroyed the body of the victim for 16 hours; (b) sent text messages or photographs of the destruction and damage of text messages containing the process of committing the crime to G and N; and (c) posted a Kakakao Sato Sato Sato Sa to the bulletin board to the effect that “I would not feel any shot or slick, and would like to go to slick.” In light of the circumstances after committing the crime, it is difficult to believe that the Defendant’s sakaoto murdered the victim who would have caused suicide.

3. Sub-resolution:

Therefore, since the defendant's confession statement at the prosecutor's office is recognized as credibility, the above assertion by the defendant and the defense counsel against it cannot be accepted.

Reasons for sentencing

1. Sentencing criteria;

(a) Basic crime: Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] homicide, Type 4 (Murder combined with Serious Crimes)

[Special Convicts] - Planned homicides, Destruction and Damage (Aggravated Elements, Contributors)

Self-denunciation (Mitigation factors, offender/other person)

[General Convicts] - Abandon (Abandon elements, acters)

[Decision of the Recommendation Field] Imprisonment with prison labor for not less than 25 years, life imprisonment (Aggravated Field)

(b) The range of final balancing based on the comparison with the handling of multiple crimes and the applicable sentences: Life imprisonment (to take into account the following points, as the sentencing guidelines are not set, the lower limit of the recommended punishment for basic crimes is followed, and the applicable sentences are life imprisonment);

2. Sentencing elements of the instant case

(a) The age, education, family relationship, occupation, career, etc. of the accused;

1) The Defendant, under the YA’s YA and the mother-friendly chain that is an elementary school teacher, was punished concurrently by the Defendant. The Defendant, along with his family at around 2003, was admitted to a Korean elementary school in which he was born to the Republic of Korea. After returning to the Republic of Korea in 2008 and continuing his studies in the second grade of a middle school, the Defendant, on June 201, who was at the second grade of a high school, retired from the course to music around 201. On March 3, 2012, the Defendant returned to the second grade of a high school. However, on September 2012, 201, the Defendant voluntarily retired from the middle grade of a high school upon the recommendation of the parent.

2) The Defendant did not satisfies about the late her home, and because there is no memory with him, and there is no conversation. As such, the Defendant thought that his behavior was interfered with daily and inconvenienceed about the conspiracy pointing out. The Defendant had a frequent conflict with his parents due to his career problems, resulting in extreme conflicts, such as leaving home around that time.

3) From around 2011 to 201, the Defendant appropriated living expenses, etc. while running a restaurant, etc., from May 201 to May 2013, the Defendant served as a coffee shop employee before committing the instant crime. From February 2013, the Defendant lived in a container stuff located in the place where his residence was located.

(b) Growth process, character and conduct, women's relationship, etc.;

1) The Defendant had a lot of interest in the human body from the time when she was born, but after having directly dissected the long-term of the body at home at the time when she was enrolled in a Chinese elementary school, he/she came to have a more deep interest in the autopsy of the human body. The Defendant stated his/her experience at this time that “snick, snick, and snick, snick, and snick, snick, snick, and snick.”

2) The Defendant included in the second year of a middle school after returning to Korea, but was unable to reach a school relationship due to the difference between the educational method and the method of accident with the higher-ranking families, etc., and experienced difficulties in adaptation by setting up his own distance. However, the Defendant began to maintain the most closely-friendly relationship with G attending the same school around that time.

3) On April 2012, when the Defendant experienced conflict with his parents due to a career problem, the Defendant had a lot of mental significance from the N, and had a relationship with N, but was unilaterally notified by N around early 2013.

4) G made a statement to the Defendant that “A well-known with his or her family, but did not have a broad connection with his or her family, and was well interested in music,” and that “N made a statement to the Defendant that “N had any abnormal net and exchange, including, but not limited to, the fact and circumstances, the fact that the Defendant had been congested, and that there was a lot of interest in the film remaining at ordinary times.”

5) According to the profiling analysis report against the defendant, the defendant stated that "the defendant has a strong respect, impulse, and self-scopic tendency in the situation at the time of decision-making." (No. 4th right 2132 of the evidence record) and according to the result of the evaluation of the screen of the mental disorder (PC-R) in the "Written Investigation on the Request for the defendant," "the defendant is dynamic and without responsibility in the sphere of life and lacks behavioral control power in the anti-social domain." (No. 4th right 2428, 2432 of the evidence record).

6) On October 4, 2012, the Defendant attempted suicide within the sea. Accordingly, from October 4, 2012 to October 18, 2012, the Defendant was provided medical treatment with the spirit of Agju University Hospital. The Defendant’s psychological evaluation report on the Defendant prepared at the time stated that “The Defendant’s attempt to commit suicide is more likely to be by extreme shock rather than by extreme shock at the time.” (Evidence No. 2, 596 of the Evidence Record).

(c) Criminal records of defendants;

The Defendant did not have any criminal record prior to the instant crime.

(d) Relationship with victims;

At the time of the instant crime, the victim was a woman of 17 years of age at the time of committing the instant crime, and around August 2002, the victim returned to Singapore on and around December 2010, and was transferred to the third grade of middle school. However, the victim was able to adapt to the instant crime, resulting in difficulties due to differences in educational methods, and tried to go back to Singapore and Korea, and continued his studies. At the time of the instant crime, the victim returned to Korea and was going to the cosmetic Institute. Meanwhile, the victim was only two times prior to committing the instant crime, and the victim did not have a close relation with the Defendant.

E. The motive of the instant crime

1) The Defendant stated at an investigative agency that “the victim was interested in the dissection of the human body, and the victim was sexually imprisoned on the day of the instant case, to have tried to rape and murder the victim by threateninging the victim, and to report the dissection of the body” (No. 4, No. 2055, No. 2066 of the Evidence Record).

2) Meanwhile, in light of the Defendant’s tendency, relation with G and N, and circumstances leading up to the instant crime, the Defendant appears to have become a factor for the instant crime, in light of the following factors: (a) the Defendant’s mental shock, and the response therefrom, which he/she received by becoming aware of the N and G’s intersections; and (b) the Defendant’s response to the instant crime.

(f) the existence of the advance plan and the extent of its preparation;

The defendant purchased two knife knifes necessary for the crime immediately after the victim got her mother, and it seems that the above knife was prepared to commit the crime in advance for the whole crime until rape and abandonment of the body.

G. The circumstances before and after crimes

1) The Defendant had sustained interest in the dissection of the ordinary human body, and sent text messages to N on July 8, 2013, immediately after the date of the instant case, at around 07:22, stating that “I would like to give the highest notice to N in the area of its inner part before being killed” (No. 4 of evidence records No. 2253).

2) After killing the victim, the Defendant had sexual intercourse with the victim, and sent text messages and photographs containing the process of committing the crime to G and N during the course of causing the death.

A person shall be appointed.

A person shall be appointed.

3) 또한 피고인은 사체의 일부를 도려내어 변기에 넣고 물을 내리는 행위를 반복하다가 화장실 변기가 막히자 호텔 관리인에게 배수구가 막힐 때 공기 압력을 이용해 이를 뚫어주는 속칭 '뚫어뻥을 빌려달라고 하는 등 시종일관 태연하고 침착한 태도를 유지하였고, 범행 도중 피냄새를 없애기 위해 수시로 환기를 시키고 사체에 세정제를 넣은 뜨거운 물을 붓는 등 치밀하게 범행을 계속하였다.

4) The Defendant destroyed the body and abandoned it, and then the Defendant wanted to go to the Kakakao Sato Sato Sato Sato Sato Sato Sato Sato Sato Sato Sato Sato Sato Sato Sa to Sato Sa to Fama on the bulletin board, “I want to go to Fato Sato Sato Sato Sa to Sato Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa to Sa. The last end of the year, however, did not turn to Sa to Sa to Sa to Sa to S.

5) On July 9, 2013, the Defendant received N and G recommendations from N and G, and on July 10, 2013, the Defendant voluntarily attended the G and G around 00:30 on July 10, 2013.

H. Effects on our society

In order to meet the awareness of the autopsy of the human body and resolve one’s sexual desire, the Defendant, only two times more and more, killed the body as the object of the crime, and then destroyed the body in order to have sexual intercourse and destroy the evidence. As a result of the crime of this case, the majority of the people were faced with humbrue and shock, and it was impossible for the members of the society to feel serious anxiety and fear. In addition, the harm that the crime of this case has inflicted on the society, such as undermining the integration and maintenance of the community, by ensuring that the members of the society at all times have alerted one another, and thus, the harm that the crime of this case has inflicted on the society, such as undermining the integration and maintenance of the community.

(i) Damage appraisal by victims;

The bereaved families of the victims suffered from 17 years old and 17 years old and suffered from slick pain and slick pains that cannot be said to have been slicked and that the body was teared. In addition, the victims suffered from extreme symptoms, such as slick and slicking, which caused the victims to be unable to protect. In addition, the victims have been tried to be sentenced to death in this court.

(j) Degree of damage recovery;

The Defendant did not agree with the bereaved family members or take any particular measure for the recovery of damage until now.

3. Determination of sentencing

A. In order to satisfy one’s sexual desire, the Defendant committed rape with the victim under the age of 17, but only tried to commit rape, and committed sexual intercourse with the victim’s body, and destroyed and deserted the victim’s body. Such criminal act does not have any circumstances to be considered in the motive, and the method is neither free nor cruel, nor is the result of the criminal act. In particular, even after murdering the victim, the Defendant intended to have the victim’s body committed sexual intercourse in order to satisfy his/her sexual desire, and had the victim’s body changed well with a knife with a knife, which was prepared thereafter. During that process, the Defendant collected the victim’s body more than 16 hours by gathering the knife and continuing to commit the crime, and abandoned the victim’s body, and the act of seriously damaging the victim’s body and destroying the victim’s body constitutes a crime of considerable damage to the community of society and people.

As the Defendant’s crime of this case, the victim still aged 17 years old due to the Defendant’s crime of this case has been deprived of his life in extreme fear and decentralization, and the bereaved family members also suffered a deep depth where the victim was seriously killed and was dead, and the Defendant was sentenced to death penalty for the Defendant. Nevertheless, the Defendant’s refusal of part of the crime without his mistake and did not make any effort to actively respond to the victim’s bereaved family members. Considering all the circumstances, such as the motive and attitude of the crime of this case, the result, the circumstances after the crime, and the quality of the crime, and the general preventive function of the crime of penal punishment, there is sufficient reason to deprive the Defendant’s life itself of being deprived of his life and are subject to isolation from society.

B. However, it is difficult to conclude that the possibility of improvement and edification of the defendant can not be found in light of the following circumstances in determining the punishment against the defendant, i.e., ① the defendant under the age of 19 who has attained full age of 19 and has no criminal records before the crime in this case was committed. ② The defendant’s age, character and behavior, family officer, and records, etc. ② In light of the defendant’s age, character, family officer, etc., it is difficult to conclude that the defendant cannot be found all of the possibility of improvement and edification; ③ even if the defendant is sentenced to life imprisonment who is isolated from society during one month, the purpose of social defense against the risk of recidivism of the defendant can be sufficiently achieved, regardless of the operation of the defendant’s life itself, by permanently isolation from society rather than deprivation of the defendant’s life itself, it is reasonable to allow the victim and his/her bereaved family members to attend the life of the defendant and to reflect his/her wrong time.

C. Meanwhile, since the current Criminal Act does not stipulate the so-called "ad hoc life sentence" that makes it impossible to parole a prisoner who has been sentenced to life imprisonment for more than 20 years, parole can be granted after the sentence of imprisonment for life (Article 72(1) of the Criminal Act), and amnesty or reduction of punishment pursuant to the Amnesty Act is also possible. Therefore, unlike the intent of a criminal defendant who is permanently isolated from society to deprive him of his freedom during one’s life, the possibility of rehabilitation of the defendant is not entirely excluded. However, in determining whether to grant parole on the defendant in the future, as seen earlier, determination of whether to grant parole on the defendant in the future, there is a serious shock in our society, and on the other hand, the defendant is only about 40 times or 50 times even if he was released for more than 20 years through 30 years in consideration of his current age, so it cannot be sufficiently prevented from committing murder with the attachment of the defendant by electronic tracking device, etc.

However, since there is no possibility of parole for the defendant according to the current legal system, it is necessary to order the defendant to attach an electronic device for 30 years in preparation for the parole of the defendant, and impose the matters to be observed such as the attached Form in order to suppress the possibility of recidivism to the maximum extent possible.

Registration of Personal Information

Where a conviction becomes final and conclusive on a sex offense (the first offense) subject to registration against the accused, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of

The presiding judge, junior judge, and senior judge

Judges Yang Young-young

Judges in the order of precedence

1) On July 8, 2013, the victim sent Kakakao Stockholm text messages, which is naturally named at around 19:46:55 on July 8, 2013.

2) In the first investigation conducted on or around July 18, 2013, the first investigation conducted on or around July 18, 2013, the defendant's response to the question that "the defendant committed rape after the death of the victim?" "whether it is true that the person was raped by the death of the victim?" and "whether the person argued that the person was raped after the death of the victim?" all of the answers were reactioned to the truth (for example, the third investigation conducted on or around August 21, 2013, the evidence No. 3: 1207 through 1209 of the evidence Records). On the other hand, in the second investigation conducted on or around August 21, 2013, whether the defendant died of the victim? 's death? 's death' was added to the sound part of the victim? 's death', 'the reason why the victim' might be denied 's right to reply 290' or 'the reason for reply 290' was denied.

A person shall be appointed.