2012Gohap290 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.);

Robbery, damage to a corpse, theft, confinement

2012 Before 2010,000

A

Prosecution (prosecution, public trial) and red scarcity (public trial)

Attorney B (Korean National Assembly)

June 15, 2012

A defendant shall be punished by death.

Of the pressures 857 of 2012, the head of the Suwon District Prosecutors' Office that was seized shall be confiscated from the accused respectively.

Evidence Nos. 13, 73, 74, 75, 76, and 2, 3, and 4 among the records of seizure dated April 18, 2012, which were seized at Suwon District Prosecutors' Office Nos. 857, 11, and 13, 73, 74, 75, and 76, among the records of seizure dated April 12, 2012, shall be returned to the successors of victims.

Personal information on the accused shall be disclosed and notified through an information and communications network for ten years. An order to attach an electronic tracking device to the accused shall be issued to the accused for 30 years.

Criminal facts and the facts constituting the request for attachment order

【Binding Force of Defendant】

1. Family environment and marriage career;

On January 1, 1971, 200, the defendant and the person subject to the attachment order (hereinafter referred to as the "defendants") were born in the Gmon C village in China (the second male and female in the second male and female in the second male and female in the second male and female in the second male and female in the second male and female in the second male and female in the second female in the middle of the D branch in the middle of the D branch, the study was suspended and the house farming work was conducted.

The Defendant was married with North Korean defectors who were hiding in the middle of the 1990s and hidden in the background of China. However, the said women were discovered in North Korean consulates in 40 days, and they were repatriated to North Korea, and they came back with North Korea on November 2002.

2. Social work experience and economic conditions;

The Defendant, as above, entered the Republic of Korea on September 23, 2007 as a relative visit qualification (H-2) in order for her mother to take money to go to sick, and had been living in the Gyeongnam-si, Busan-si, Daejeon, Suwon-si, Suwon-do, Jeju-do, and Gyeongnam-do, etc. in recent years, and worked on work sites such as apartment, golf course, etc.

The Defendant sent the amount of KRW 55 million among the wages, etc. obtained from daily labor, etc. for a total of three years and nine months, a period of stay in the Republic of Korea, to Chinese family, and had the Defendant purchase an apartment in the Chinese War E.

3. Experience in slaughter;

The Defendant resided in the Chinese War 36 years of age in the Chinese War, and had experience in witnessing or directly taking part in slaughter, using a knife, pigs, dogs, and knives.

[Characteristics of Defendant]

1. Search for, and clinics for, sexual traffic;

On September 2007, the Defendant, upon the first experience of commercial sex acts according to the workplace rent in Korea and in the Gannam-si, Busan, Daejeon, Suwon-si, Suwon-si, Jeju-do, and Gyeongnam-gun, etc., resided in the area of Gannam-gun, and engaged in commercial sex acts three to four times each month.

The Defendant resided in Suwon-si F from April 201 to January 2012, 201, and entered into a relationship with women who are Chinese women, and became a sexual intercourse in the above residential area over several times.

In addition, the Defendant purchased smartphones around September 201, and used the Handphones to search obscene materials at the Internet site mainly, and in particular, entered the scams around the Suwon Station once a week after he fell with the above women, or engaged in commercial sex acts in his residence using the commercial sex acts travel service.

2. Gathering goods;

Since the Defendant used the monthly wage of 20% as the cost of sexual traffic in one month, the Defendant did not drink with the workplace bonus to use the remaining money for living expenses or send it to the Chinese family members, and the Defendant took a property bath to the extent of using the bags, CDs, household goods, etc. that have been disposed of in the same four garbage site.

【Criminal Facts】

1. Illegal confinement;

On April 1, 2012, at around 19:30, the Defendant moved back to the new site of Young-gu G, Suwon-si, from around 19:58 to around 20:47, the Defendant searched 26 obscene materials on the Internet site using handphones from around 19:58 to around 20:47, and then searched obscenity on at least 26 occasions at the Internet site. At around 20:35, the Defendant’s dwelling at the right-hand side (1) of the first floor of the building of the f3th floor in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant viewed the Chinese film via the Internet, and lives of the Defendant, making the high volume of alcoholic beverages 2:30 p.m. (30ml) and then 22:30.

The Defendant found the victim I (27 years of age) coming from the side of the HH school in which sexual desire was brought up in the process of searching for obscene materials and drinking alcohol as above, and concealed the victim into the front seat, who forced him to attract him by force, and forced him to commit rape. After diving, the Defendant her body was covered by both arms by the victim’s body that passed before the front of the front seat, and then she got the victim over the roadside.

The Defendant continued to attract the victim's timber with his left arms, and carried the victim's timber in his place of residence through the entrance of his place of residence to prevent him from suffering the victim's hand, and left the victim's clothes on the bed, cut off the victim's hand, cut the victim's hand, cut back his hand, cut back his hand, cut the victim's hand, cut the victim's hand, and detained the victim in his place of residence for about six hours as described in paragraph (2) after committing the crime.

2. Robbery and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(a) Robbery;

피고인은 2012. 4. 1. 22:45경 위 제1항 기재와 같이 피해자를 안방으로 끌고 들어가 피해자의 옷을 모두 벗긴 후 입으로 피해자의 가슴, 입술 부위를 핥았다.

At around 22:50, the Defendant saw that she had her face, ceased the above act, and went to the toilet. At around 112, the Defendant opened a window between the locker bank and the ward in order to report sexual assault to the 112 center, and opened one hand a door between the locker bank and the ward, and made the victim visit, and entered the inside bank again, and led the victim to her head, her head, her head, and her head, and her head, and her head, and her her head. The victim stated that the Defendant was “I am wrong,” and “I am. I am. I am the victim’s side,” but the Defendant failed to resist the victim by attaching the hearing tape to the victim’s hand and her hand.

At around 23:00, the Defendant continued to gather the color bags of the victim on the course of 23:00, and opened them, and took them into the victim's wall 21,000 won in cash, US 1,000 US dollars 2, Indonesia 1,000, and 1, China 10th west of the 10th west in China, and put them into the victim's wall , and "does there are no money," and "does there are no money," and the Defendant took money and valuables of the victim by placing them into the victim's wall 1,00,000 won in the victim's wall 1,00 won in the market price, and considering that the victim's wall crops are suitable for the victim's lock, the Defendant took the victim's money and valuables in a way that they are placed in the victim's wall for travel.

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

피고인은 계속하여 23:30경 피해자의 발목에 묶여 있는 청테이프를 양손으로 떼어내고, 입으로 피해자의 가슴, 입술 부위를 핥고, 양손으로 피해자의 다리를 벌려 피고인의 성기를 피해자의 음부에 넣으려고 하였으나, 피해자가 몸부림 치며 발로 피고인의 몸을 수 회 걷어차는 등 완강히 반항하자 중단하고, 청테이프로 피해자의 발목을 묶었다.

On April 2, 2012, the Defendant suspended rape, as seen above, she kidddddddddddd on April 2, 2012, when she kidddddddddddd the victim’s head by leaving the victim’s head with his left hand, and kidddd on the victim’s chest with another hand so that the victim would not run away.

피고인은 2012. 4. 2. 02:00~03:00경 잠에서 깨어 피해자가 손목, 발목이 청테이프로 묶여 꼼짝 못하는 것을 확인하고 일어나 방의 불을 켜고 화장실에 다녀온 다음, 양손으로 피해자의 발목에 묶여진 청테이프를 떼어내고, 입으로 피해자의 가슴, 입술 부위를 핥고, 자신의 검지 손가락을 피해자의 음부에 수 회 집어 넣고, 양손으로 피해자의 다리를 벌려 자신의 성기를 피해자의 음부에 집어 넣으려고 수회 시도하였다.

However, the victim resisted against the victim's body, such as the victim's stringing of the bridge, the victim's string of the bridge, the defendant's body, and the walking of the string, and eventually, the string of the string of the string, and the string of the string of the string of the string

At around 03:00 to 04:00 on the same day, the Defendant entered a hole string (31.5cm in length) with a hole strings (31.5cm in length) in which he was in a ward and brought in the bend, and lost the spirit by making two times the left head of the victim who was far from the bend in the bend, and was laid down on the floor by both hand to a toilet with the victim.

When the Defendant came to know of the victim’s arms and legs in the toilets in order to confirm whether the victim died after having returned to the inside, and after having taken a tobacco, the Defendant her arms and legs were living in the toilets, and the victim her mind was frightened with the victim’s knick, followed the victim’s face, followed the victim’s laundry in the laundry engine, followed the victim’s face by launding the laundry, covered the victim’s laundry, followed the victim’s lab, followed the victim’s lab by labing the lab, and cut the victim’s lab by 2 to 3 times more the head of the said hole in the inside, and caused the death of the victim by labing the lab.

As a result, the defendant tried to rape the victim more than twice, but failed to achieve the intent of the victim's resistance, the defendant murdered the victim.

3. Destruction and damage of carcasses;

On April 2, 2012, the Defendant, at around 05:00, had a mind to abandon the body well, and damaged the body with the kitchen knife (20cm in the blade, 33cm in the total length) in which the body was held.

4. Larceny;

The Defendant, as stated in the above paragraph (3), stolen the 18K 5 K K 1,00,000 won in the market value of the victim’s 80,000 won, which was attached to the victim’s body in the course of destroying the body as described in the above paragraph (3), by cutting off the 177 K K 1,85 K 1,000 won in the market value of the victim’s 80,000 won, and 1,60,000 won in the market value of the 80,000 won.

【Fact of Grounds for Request for Attachment】

A person who has committed murder by murdering a victim who was killed while attempting to commit rape on two occasions, and is likely to recommit such crime.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each prosecutor's protocol of statement about J (including K's statement part), L, M, N (including 0's statement part), P, Q, R, S, T, U, V, W, X, Y, and Z, and each prosecutor's protocol of statement against AA, AB, and AC;

1. Each police statement made to AD, AE, and AF;

1. Records of police seizure, list of seizure, and records of seizure by prosecution;

1. 발생보고(강간살인 등), 112범죄신고접수 처리표, 수사협조의뢰 (cctv), 피의자 전세계약서 사본, 개인별 출입국현황, 시체검안서, 수사보고 - 피의자 디엔에이(DNA) 채취, 수사보고(피의자 검거 상황), 수사보고(피해자 복장에 대하여), 수사보고(피해일 당시 피해자 행적에 대하여), 수사보고(피해자 인적사항 특정에 대하여), 수사보고(최초 현장상황에 대하여), 수사보고(피해자 착의상태 특징에 대하여), 수사보고(최초 사체상황에 대하여), 통장 사진촬영, 압수품 사진, 수사보고(피의자 근로현황 확인 등), 피해자가 사건당일 착용한 착의상태 사진, 사건현장검중기록, 수사보고(긴급 감정물 구두내용에 대하여), 주민등록 등본, 주민등록증 사본, 시체검안서, 변사현장 및 변사자 사진, 수사보고(현장감식 및 상황에 대하여), 피해자의 압수품 사진 - 가환부, 수사보고(피의자 방 내부에 있는 문과 창문에 대한 수사), 피해현장 사진, 수사보고(피의자의 허위진술에 대한 단서 및 사망시간에 대하여), 수사보고(피의자 휴대전화 알람에 대하여), 피의자 휴대전화 알람 사진, 살인사건 현장감식 기록, 수사보고(피해자에게 전화를 하였던 AF의 진술), 감정의뢰회보서, 부검 감정서, 수사보고(피해자 I 휴대전화 통화내역 확인), 수사보고(대검 감식반 대동 범죄현장 점검보고), 사실조회(A), 수원중부 살인사건 프로파일링 보고, 수사보고(피의자 A 사촌 동생 W의 추가진술), 각 감정의뢰회보, 통화내역서, 수사보고(피의자 A 주거지에서 압수한 휴대폰 모바일 분석), 근무현황서, 수사보고(피의자 A 행적수사), 영상개선결과 통보, 수사보고(경찰 추송서 첨부), 수사보고(피의자 휴대전화 수사), 수사보고(피의자 주거지 내 창문틀 등 길이 측정), 수사보고(참고인 Y에 대한 진술조서 및 수사보고서 사본 첨부 보고), 수사보고(피해자 사체 훼손방법에 대한 부검담당의 전화진술), 수사보고(피의자가 피해자를 강제로 납치하는 CCTV 동영상 첨부보고 및 위 동영상 분석결과 보고), 수사보고(참고인 AG 진술 청취보고), 수사보고 (참고인 AH 진술 청취보고), 수사보고(참고인 AI 진술 청취보고), 수사보고(피의자가 방문한 인터넷 싸이트 분석), 수사보고(피의자가 일하였다는 공사현장의 작업반장 AJ, AK 및 책임자 AL을 상대로 한 전화진술 청취보고), 수사보고(출입국기록상 피의자 관련 주변인 등 보고), 수사보고(피의자 A 지갑, 내용물 촬영사진 첨부), 수사보고(외국돈 환율 확인), 수사보고(참고인 AM 진술 청취보고), 수사보고(참고인 AN 진술 청취보고), 수사보고(참고인 A0 진술 청취보고), 수사보고(참고인 AP 진술 청취보고), 수사보고(범행도구 구입처 등 확인 보고), 수사보고(피의자가 컴퓨터로 방문한 인터넷 싸이트 분석), 수사보고(은행거래내역 기준으로 한 A의 행적지 파악보고), A 사건 질의 의뢰에 대한 회보, 질의 회보서, 수사보고(피의자 A의 주거지에서 압수 USB, CD 검증 결과 보고), 수사보고(경찰 추송서 첨부), 수사보고(통신연결음 수사 및 국제공조수사 결과 등), 국제공조수사결과 회신, 통신자료통보, 수사보고(방범용 ccty 보정자료 회신), 수사보고(피해자, 피의자 출퇴근 이동경로 등), 수사보고(안산지역 미귀가자 및 AQ, AR 상대수사), 수사보고(안산지역 미귀가자 AS 및 피의자 A 지인 AR 상대수사), 수사보고(피의자 A 행적요약 및 수사사항 진행도), 수사보고(참고인 AT 진술 청취보고), 수사보고(피의자의 사체손괴 방법에 대한 국과수 담당 법의관 전화진술), 수사보고(피해자가 평소 지갑에 외국돈을 보관하고 다녔던 사실 및 퇴근시 마을버스 이용상황 확인), 수사보고(압수물 중 피해자의 가방과 그 안에 있던 물건 사진 촬영), 수사보고(범죄지 주위 경유 마을버스 노선도 첨부), 수사보고(국립과학수사연구원 법의관 통화보고), 수사보고(사체발견 당시의 현황 확인 보고), 수사보고(피의자 의무기록지 및 건강진단부 첨부 보고), 수사보고(피해자 휴대전화 통화종료 방법 등 확인 보고), 수사보고(사체손괴 유사사례 사건기록 첨부보고), 수사보고(참고인 AU 전화 진술청취보고), 수사보고 참고인 AV 진술청취보고), 수사보고(녹취록 감수 및 수정보완보고), 녹취록, 수사보고(피의자 컴퓨터 하드디스크 디지털분석: 2012. 4. 18.자 디지털 분석 경과에 대한 보충), 수사보고(피의자 및 피해자 사용 교통카드 사용내역 확인 보고), 수사보고(피해품 시가 확인), 수사보고(피의자 A 국내행적 확인), 수사보고(피의자 A 심리생리검사 결과통보서 첨부), 수사보고(참고인 AR 2회 진술청취 보고), 수사보고 (참고인 전화진술 청취 및 녹음), 수사보고(범행발생현장 확인 등), 수사보고(피의자, 피해자의 교통카드 승, 하차시간 및 정류소 확인보고), 수사보고(피의자의 휴대폰 모바일 분석 보고서 첨부), 각 수사보고(감정의뢰회보), 수사보고(피해자 패물이 발견된 경위), 수사보고(피해자가 사건 당일 저녁으로 먹었던 음식량 측정), 수사보고(피의자 A이 고량주를 마실 때 사용한 컵에 대하여), 수사보고(H 부근 방범용 CCTV에 대하여), 수사보고(피해자의 휴대폰 밧데리가 분리되었을 가능성에 대하여), 수사보고(피해품 MP3 플레이어 시가 특정), 수사보고(피의자 컴퓨터 하드디스크 디지털 분석2 : 2012. 4. 23.자 디지털 분석결과에 대한 수정, 보완), 수사보고 (범행현장 CCTV CD, 112 신고녹음 CD 첨부), 각 모바일분석 보고서, 수사보고(유전자 감정회보, 2012-M-12006), 수사보고(유전자 감정회보, 2012-M-11993), 수사보고(구속피의자 A 구강 채취 감정 회보)

1. The risk of repeating a crime as indicated in the judgment below: The following circumstances acknowledged by the evidence mentioned above and the written investigation prior to the request for an attachment order, namely, the Defendant’s act of causing a cruel injury to the victim and the body of the victim during kidnapping, confinement, and rape, and the Defendant is likely to repeat the same crime in light of the motive of kidnapping, confinement, and rape. As a result of the Defendant’s examination on the risk assessment level of criminal offenders committed against the Defendant, it is evaluated that the Defendant, without forming a friendly relationship, has maintained a isolated life and has tendency to resolve stress by using sex, such as obscene images, viewing, and sexual purchasing, and that the risk of repeating a sex crime falls under “the intermediate level”; the motive of the crime in this case; the Defendant’s character and behavior, the Defendant’s environment, etc., as seen below, is recognized as a risk of repeating a crime against the Defendant again.

Application of Statutes

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

Article 9(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 297 and 300 of the Criminal Act, Article 333 of the Criminal Act, Article 161(1) of the Criminal Act, Article 329 of the Criminal Act, Article 276(1) of the Criminal Act, Article 276(1) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Confinement Crimes, and the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Selection of punishment;

Death penalty and imprisonment with prison labor for larceny shall be chosen for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Punishment for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 1, and Article 50 of the Criminal Act [the punishment shall not be imposed on another punishment since the death penalty has been selected for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the largest punishment];

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Return of victims;

Article 333(1) of the Criminal Procedure Act

1. An order for disclosure;

Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to notify;

Article 41(1)1 and 1. Articles 5(3) and 9(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Reasons for sentencing

1. Special characteristics of the crime of murder, destruction of and damage to the body, and necessity of a severe sentence;

The literacy State began from the approval of the human dignity, and as a human being approves not only his/her own dignity but also another human dignity, human beings became able to continue to exist in society. As such, the mutual recognition of the human dignity is the foundation of the State of basic duty of human beings, even though there were differences to the degree, the State has been serving as the most severe punishment for murder that fundamentally destroys another human dignity. In addition, the awareness of respect for the human dignity has been extended to the dead person, thereby recognizing a certain degree of personality right to the dead person, thereby recognizing the external progress of the dead person, thereby recognizing the respect for the dead person’s life as well. In this respect, the State provides for a serious punishment for a crime that destroys or conceals the dead person.

The current Criminal Code also permits the sentence of death penalty or imprisonment for life, which is the highest legal penalty, in the event of murdering another person by accepting the above importance of respect for human dignity and personal rights of the deceased person (in the case of rape death like this case, the statutory penalty is death penalty or imprisonment for life), and the body is punished by imprisonment for not more than seven years (Article 161(1) of the Criminal Code).

In light of the above, the crime of this case is to murder the victim to rape, and the crime of this case is to destroy the dignity of the victim and to see the ex post facto personal rights of the victim killed, so the sentence against the defendant is required.

2. Terms of sentencing

Comprehensively taking account of all the evidence in the judgment, the following facts can be acknowledged in relation to the sentencing conditions of this case.

(a) Family environment, growth process, educational background, and marriage career;

(1) On November 20, 1971, the Defendant was born in the Gmon and C village in China, and completed the six years of D grade, and the Defendant did not want any longer to have his studies, and went through the farming day of the house before entering the Republic of Korea around 2007, without having given up entering the school of higher grade.

(2) The family members of the defendant have fatherW (74 years of age, deaf father), mother AX (Death in cerebral brain around 2008), wife AY (42 years of age, Mongolia), Z(11 years of age, students). The family members of the defendant have joints or BA (49 years of age, China E) and female BB (35 years of age, China BC residence).

(3) The Defendant paid money in the mid-190s to the middle-20s, and got the first marriage with North Korean defectors who were hidden in the Chinese Peninsula. However, the said women were discovered in North Korean consulates for about 40 days and they came to the wind to be repatriated to North Korea. At the time, the Defendant was discovered in the Chinese public space on the grounds of marriage with North Korean women who were deprived of North Korea, and led to a reduction in the number of months.

(4) As of the early 2000s, the Defendant married with his wife in the Korean War, around four to five years, and obtained AZ on November 2002. However, the Defendant sent out the English CDs, etc. obtained from the Defendant’s residence after entry into the Republic of Korea to the children having a high fluence, and the genetic relationship with the children, such as returning to the Republic of Korea during the summer vacation period and sending time to the Republic of Korea.

(5) The Defendant did not enter a school, other than a sub-school, and did not have a particularly-friendly relationship in the Republic of Korea as he did not have a higher-level friendship. The Defendant was unable to engage in a large number of harassment from his natives because of a small-scale school, and the average body was increased compared to that of his natives when he took a social life, and was engaged in a fighting with his natives who were friencing themselves at the time of their learning and drinking.

(6) The Defendant had been witnessed or engaged in the slaughter of knives using knife livestock, such as pigs, dogs, and knives, from the Chinese monet. At the Defendant’s altitude, 1 to 2 times a year village visitors gather to slaughter pigs, and the Defendant was mainly in charge of dismantling knive pigs (the Defendant’s statement of AR, which is a high-speed flive-flive-flive-flive-flive-flive-flive-flive-f

(b) Circumstances of entry into the Republic of Korea and post-entry;

(1) On September 23, 2007, the Defendant: (a) Hashedd a rice farmer in a high direction, and she was found to have lived in the Republic of Korea in order to be punished for the expenses for brain breeding treatment of her mother; and (b) she was admitted to her natives (H-2) and entered the Republic of Korea on September 23, 2007 through her natives W in a non-resident in the Republic of Korea.

(2) The Defendant, with the aid of the leakage of BD, who is a senior flag after entry, was living in the house of his woman in Incheon for up to 10 days, and was living in the vicinity of the entire steel basin of the Incheon Arts Center.

(3) From October 2007 to December 2, 2007, the Defendant got off the system and worked at the site of an apartment, and mainly carried the stone, etc., and thereafter, on around 20 days from January 2008, the Defendant lived in a container stuff in the construction site while working at the site of an apartment.

(4) From June 2008 to June 6, 2008, the Defendant resided in Suwon-si for about six months, and went to and from the construction site for the wife population BF. Around that time, the Defendant’s father entered China, and lived together with the Defendant for about two to three months.

(5) From December 2008 to about seven months, the Defendant lived in the room near Busan-gun BG apartment site. From July 2009, the Defendant worked at the construction site near Busan-gun BH for about five months. From around July 2009, the Defendant lived with 10 other people in the same room room.

(6) From around December 2009, the Defendant worked as a construction site at the GJ apartment for about one month, and lived with other figures in the vicinity of the Suwon-nam Police Station. From April 2010 to around three months, the Defendant lived in the room near the construction site (BK) 301.

(7) On September 2010, the Defendant heard that there are many jobs in Suwon-si, and around that time, the Defendant lived in Suwon-si near Suwon-si, and received work from the location of manpower located in the vicinity of Suwon-si, and performed work in the luminous new city, etc. However, around February 201, the Defendant leased Suwon-si F, the first floor right-hand house of KRW 1,00,000,000,000,000,000,000 won, while residing in the construction site.

(8) From May 201 to March 3, 201, the Defendant: (a) from around 1, 201, at the Haan-gun, Haan-gun, Haan-gun; (b) around five months from November 201, the construction site of Suwon-gu, Suwon-si, Suwon-si, the construction site was under R; (c) the Seoul Dongdaemun-gu BO site and the construction site of the BP site were under the supervision; and (d) from March 29, 2012 to April 1, 2012, the Defendant was working at the construction site of Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Seoul-si, the day of the instant crime.

(9) As above, the Defendant sent to the construction site for most of the periods of time after entering the Republic of Korea. Although there were no special skills, the Defendant did not have any amount of KRW 5,00 or KRW 10,000 per day compared to other workers, there was a case where the Defendant received additional daily allowances from the construction site manager on the ground of his sound physical strength and good faith.

(10) As in the construction site rent, the Defendant, as far as possible, she did not feel a burden on the drinking value that was paid once when she drinks alcoholic beverages, and did not drink with the same, and there was no other counter-party to talking that she did not flickly or have a mind because she did not flick together with the usual club fee. The same is that most of the foregoing materials, which the Defendant had worked together with the Defendant, at the construction site, are memoryd with the Defendant, who did not have been flickly with the same materials.

(c) Immigration records;

(1) On September 23, 2007, the Defendant first entered the Republic of Korea and heard the consciousness that her mother will grow, and on January 22, 2008, left China on about two months, and re-entry the Republic of Korea on April 13, 2008.

(2) On May 25, 2008, the Defendant, after the month following the month, left China after hearing the mother’s death suit and entered Korea on June 9, 2008.

(3) On January 16, 2010, after approximately one year and seven months, the Defendant left China and sent out a name saving with his family members, and re-entry on March 2, 2010.

(4) On July 15, 2010, the Defendant returned to China for time with children and sent them to September 8 of the same year. On September 21, 2010, approximately 13 days thereafter, the Defendant left China to extend the visa period, and entered Korea on the 23th of the same month.

(5) On January 15, 2011, the Defendant left China and sent a scambling with his/her family members, and re-entered on February 19, 201. On September 15, 2011, the Defendant left China to send a scambling with his/her family members, and entered Korea on October 11 of the same year.

(d) Search for commercial sex acts and obscene materials;

(1) On September 2007, the Defendant first experienced sexual traffic according to the workplace rent at the macroscopic system, and thereafter, engaged in sexual traffic once a week average at the port of Taesi-si, Busan, Daejeon, Suwon-si, Suwon-do, Jeju-do, and Hanam-do, and three to four occasions per month.

(2) The Defendant, using a commercial sex acts business trip service, was fluencing a female sexual traffic at home, and was 20 times more than 10,000 won, and 10,000 won was paid once to 100,000 won.

(3) The Defendant resided in Suwon-si F from April 201 to January 2012, 201, and entered into a mutual relationship with the Chinese woman S in the relationship with the Chinese woman, thereby having sexual intercourse in the above residence.

(4) On March 30, 2012, prior to the date of the instant crime, the Defendant: (a) sent young females from H school to H school, thereby having sexual intercourse; and (b) committed sexual intercourse.

(5) Meanwhile, the Defendant purchased smartphones on September 201 and searched obscene materials using smartphones from November 201. The above smartphones contain a large number of obscene pictures, and the number of images of obscene materials deleted after the Defendant’s search reaches approximately 670.

(e) The defendant's intelligence, gender, attitude, living style, responsibility, and mental disorder;

(1) As a result of the Defendant’s psychological analysis, the Defendant’s perception that there is no friendly or mental attitude that is friendly without desire for personal relations with an internal and passive tendency, and the Defendant also has a dynamic tendency due to high resistance and weak control power over himself/herself, while the Defendant is unable to properly resolve stress due to lack of personal relations technology, is isolated from family or human relations, and in particular, it shows a sense for women, inappropriate sense, and lack of social or response ability.

(2) Meanwhile, the Defendant’s introduction leads to marriage between his wife and his wife without any specific dialogue and communication with his wife, resulting in lack of difficulties in her wife, and the Defendant is in a situation where female management is insufficient based on patriotic circumstances, such as fluencing the idea that sexual intercourse with his wife can be easily conducted through sexual traffic.

(3) However, the defendant did not appear to have symptoms of mental illness or mental disability at the time of the crime in this case (as seen earlier, the defendant made a false statement about the background, motive, etc. of the crime in this case and made a false statement, reversed the part supported by objective evidence and stated the truth. Nevertheless, he made a false statement about the important part of the crime in this case, such as "not being detained again," "not to be impruced," or rather, tried to escape from the disadvantage of the defendant by interpreting and using the simple words or behavior of the victim in the course of the crime in favor of the defendant, and by using it as a favorable and confrucing method. In light of the above attitude of the defendant in this case, it is judged that there was no particular mental disorder to the defendant at the time).

(f) Relationship with victims

At the time of the crime of this case, the victim was a working woman under 27 years of age, who was living together with his parents in the Gunsan City and moved to Suwon City for job-seeking, and was living in Suwon-si BB Q, and went to and from his house while leaving the workplace every day at Suwon-si, Suwon-si, Suwon-si, Suwon-si, but only became the defendant on the day of the crime of this case, and did not have a relation between the defendant and his knowledge or not.

G. The background, means and result of the crime, and the circumstances after the crime

(1) The defendant's criminal records on the day of the crime

(A) On April 1, 2012, the Defendant sent a bus to a construction site from around 05:40 to around 05:50 on April 1, 2012, and searched obscene photographs via a smartphone, waiting for a bus to work at the construction site, and searched obscene photographs over 11 times.

(B) After completing the work at a construction site located in the Young-si BR in Suwon-si, Suwon-si, the Defendant set off at around 19:00 and arrived at the house at around 20:15. On the same day, the Defendant searched obscene photographs up to 26 times by accessing the Internet site from around 19:58 to 20:47 of the same day.

(C) At around 20:30 on the same day, the Defendant 20:30, the remaining life of the Defendant was frighted on a swine bridge, and she viewed the Chinese drama called “non-defense” as a computer on the same day. At the same time, the Defendant was not only the degree of taking a serious measure, but also the Defendant frighted to take a part in a degree that frighten is good (the Defendant frighted to drink 2 the large volume of fright to the degree that she could feel through a minor fright daily retirement).

(D) The Defendant continued to watch up 2 and 3 Chinese drama 2 and 3, and mast, as above, math and mathing the math to the math of the mast in the mast of the swine, and thereafter, mathing tobacco to the outside of the math of the Sastro, and turned into the math of the mastro.

(2) The reason why the victim was kidnapped and detained;

Around 22:32, the Defendant entered the house as above, and went out of the house again, and at the same time, a young female (victim) coming from the direction of the Defendant was found on the side of the HH school, and immediately was waiting for the victim after hiding his body after the electric telegram, the victim got out of the front of the electric telegram, and led the victim to his house by getting out of the house, and led the victim’s sound in the process, and prevented the victim from getting out of the house.

(3) the first rape and robbery.

(A) attempt to rape;

(1) The defendant, while leading the victim into his house and sitting in the bend, forcedly supposes the victim's resistance, and forcedly deviates, in order to rape, he shall leave the victim's resistance, jackets and brokes in the order of the victim, and shall be set off up up up up up up by the brush that is not easily set off by the victim.

② The victim resisted against the Defendant by hand to prevent the Defendant from spreading his chest. During that process, the chest part of the Defendant’s chest was flicked in the victim’s saw.

③ However, the Defendant, while cutting off the clothes of the victim, was frightened by the victim’s own urine (the Defendant had a habiter who is viewed as a urine before her sexual intercourses with women with sexual intercourses) so that the victim, who was being satising the chest by hand, satising the chest into the bed, and satising the satiss into the bed, so that the satiss cannot move up to the bed down on the right side of the bed, and then satisd into the toilet.

(b) The police report and ruling of the victim.

① On April 1, 2012, at around 22:50, the Defendant, at the time of a toilet, opened the door door door, and opened the door door door, and then, the Defendant’s cell phone calls to the Gyeonggi Provincial Police Agency’s living safety and the 112 Integrated Center (hereinafter “12 Report Center”) to make a request for rescue, such as informing the present location of the voice.

피고인은 화장실에 있던 중 방문을 잠그는 소리와 동시에 안방의 불빛이 거실에 차단됨으로써 화장실 밖의 거실이 깜깜해지는 느낌을 받게 되자, 피해자가 안방 문을 단은 사실을 알게 되었고, 급히 화장실 밖으로 나왔다.

③ Since the inside door of the Defendant’s house was of a structure that could not be opened when it was corrected, the Defendant attempted to leave the inside door and open the window installed between the ward and the inside door without leaving the inside door. The police officer and the victim in the currency thought that they want to open the window, the Defendant prevented him from opening the window next to it. However, during the instant period, the Defendant, as the window director partially opened on the front door, led the victim from leaving the door door again to open the inside door.

④ As seen above, the Defendant: (a) led the victim’s head fright, 2, 3 times, 2, 3 times the victim’s side fright; (b) combine the victim’s two descendants into a boom and a fright tape to prevent any further learning; and (c) put the victim into a boom.

6 The telephone call with the victim and the 112 reporting center continued from the commencement of the above call even after the defendant decided the victim, and the call was terminated by 7 minutes in total.

(C) the commission of robbery and attempted rape.

① The Defendant: (a) placed the victim on a bed on the bed; (b) opened a bed door; (c) opened a bed door of the victim; and (d) opened a bed door of the victim’s bed; (b) 2 US$ 1,000; and (c) 1 US$ 1,000; (d) put the victim’s bed on the Defendant’s bed; (c) put the victim’s bed on the Defendant’s bed; (d) put the victim’s bed on the Defendant’s bed; and (d) put the victim’s bed on the Defendant’s bed; and (e) put the victim’s bed from the Defendant’s bed on the Defendant’s bed. During that process, the Defendant told the victim into “whether or not there is anything other than

② At that time, the Defendant tried to rape the victim by removing the victim’s absck and kiscing on the face of the victim, kiscing him/her, and drinking his/her chests on several occasions. However, the crime of rape was discontinued on the ground that the victim resists the victim, kiscing him/her on his/her bridge, leaving his/her body kiscing him/her on his/her son, and resisting him/her on his/her body.

(3) After the Defendant bound the victim’s growth to the front tape, the Defendant locked the victim’s growth with his left arms in a state that he can not cover the neck of the victim.

(4) Violation of the Act on Special Cases concerning the Attempted Rape and the Punishment, etc. of Sexual Crimes (Rape, etc.)

(A) On April 2, 2012, the Defendant attempted rape on the ground that the Defendant continued rape on the ground that the Victim’s chest was satisfyed and satisfyed, kiddding the Cheong tape, which is a combination of the victim’s hairs, and inserting the victim’s satisfy with his hand, in order to rape again. However, rape was discontinued on the ground that the Victim’s body satisfy was satfyed.

(B) Around that time, the Defendant included the second fingers in the victim’s negative part several times, and the victim suffered injury, such as having to make a hole in the victim’s negative part at the wind where the victim resists his body and sponss his body while resists his body.

(C) The Defendant tried to rape the victim two times, while raped the victim, was interrupted, and then the raped had been interrupted. The Defendant left the part of the victim’s left head, which was scambling in the kitchen, up to twice. Accordingly, the Defendant left the victim’s head from the victim’s head, and transferred the victim to the bend toilet with the scam covered by the victim, even if the victim was scambling, and then the victim was scamed. In front of the toilet, the victim was scamed, without being subject to a non-taxation disposition outside the toilet door, and instead being put the victim on the toilet floor.

(D) As above, the Defendant moved the victim to a toilet and added a shot to a toilet to check the victim’s death. The Defendant confirmed that the victim was still living in the room, such as scaming down his hand and scaming his body, etc., and the Defendant scamed down the victim’s scam with his hand over his face, and then scamd down the victim’s scam to a scam by pressure.

(E) Although the Defendant confirmed that there was no movement of the victim, the Defendant: (a) entered a room to smoke tobacco; and (b) left 2,3 times again the right head part of the victim and the victim’s right part with a hole frighter in the idea that the victim still lives.

(v)Destruction of a corpse;

(A) After confirming the death of the victim, the Defendant was unable to smoke in the kitchen, and thereafter, the Defendant took a kitchen with the kitchen knife in the kitchen, and repeated the process of damaging the bonds of the victim by using it in the toilet to the extent of 2 and 3 times.

(E) Meanwhile, the Defendant had been engaged in the work of attempting to kill and damage the victim’s body as seen above, and engaged in obscene materials by accessing the Defendant’s Internet site four times from April 2, 2012 to April 09:05 to 09:07.

(6) Predive metal theft

In the process of damaging the body, the Defendant laid off the necks and halfs, and laid down the necks covered by the victim's face, and opened the ear from ear to ear, and deducted ear.

(7) The circumstances after crimes

(A) On April 2, 2012, the Defendant: (a) on April 2, 2012, at around 11:00, posted the Defendant’s front door, but did not open a 50-minute door; (b) the police officer opened a window and confirmed that the window was flick inside the house, and notified the Defendant that he will be forced to open and enter the door without opening a door.

(B) On April 2, 2012, the Defendant was arrested on the job at around 11:50 on the following grounds: (a) a mountain room was found to have been stored in a laundry machine by a police officer who confirmed the site; and (b) a victim’s body was found to have been saved in a toilet due to a laundry.

(h) Defendant attitude at the time of investigation by an investigative agency;

(1) On April 2, 2012, the Defendant was arrested at around 11:50, and at the time of the first police investigation, “the victim gets off with the victim, she saw him to her to her and her to her house,” and “I wish to her to her sexual intercourse with him/her and her to her at her house and her house, she she she was her to her to her home and her to her to her home to her to her home to her, so she her first her to her so she was off his/her dog.” “The victim she was off his/her dog after she was off his/her shouldered, and she was removed from his/her dog and her home to her home to her to her to her be her to her to her to her to her to her her to her to her to her be out of the bar,” and the victim cannot have died after her she died.

(2) At the time of the 5th police investigation on April 9, 2012, the Defendant denied the Defendant’s previous statement on the ground that “I cannot see screen screen” and “I cannot see if I do not act inside the CCTV screen.” On the same day, at the 6th police investigation conducted around 21:09, the Defendant made a statement that “I am covered by the victim hidden after the telegram and led the victim to his house,” and that I am arrested the victim and detained the victim.

(3) However, even at this time, the Defendant refused to make an additional statement by stating that “The idea that the Defendant had covered the victim is well aware of it,” “I would not know of the reason for covered,” and “I would not even deny the motive and circumstance, and even if I would not know of the reason for covered.”

(4) The Defendant stated that “In attempting to rape the victim, the victim was unable to resist and rape, and murdered the victim.” However, even during the prosecution’s investigation, the Defendant still took an attitude in good faith, such as asking questions about the motive and reason for the crime.”

(5) In particular, the Defendant, at the time of the prosecutor’s investigation, asked the prosecutor to commit murder, and rather, took an aggressive attitude, such as following: (a) why he/she was killed; (b) why he/she attempted to kill another; (c) he/she was sexually killed; (d) stated that he/she was sexually killed (Evidence No. 1495 of the Evidence Record).

(i) The intent of committing the crime;

The defendant, while watching China's Republic of China, thrown away from the door and entered the house. The fact that the defendant moved out of the house again after the opening of the house is not easily understood that he did not move out of the house to throw away only the dratum without termination of the drat at the time of the crime. In light of the fact that the defendant returned to the house and did not explain the reason again without any particular reason, it can be presumed that the defendant moved inside and outside the house to dratize the object of the crime. The victim passed ahead of the defendant's house, and the victim could easily be arrested or tracking the defendant by reporting the crime place, etc., but it is not reasonable to see that the defendant would not have taken into account any other means than the defendant's abduction from the time of the crime. In light of the fact that the defendant did not take into account any other means to kill the victim from the time of the crime.

(j) Interviews on crimes;

(1) According to each evidence of the judgment, it is recognized that the Defendant, at the time of kidnapping the victim and towing the victim into the house, was passing by 3,4 persons nearby the house. Nevertheless, the Defendant seems to have committed a crime without awareness.

(2) Regarding the termination of a reported call by the victim

(A) The Defendant consistently asserted in the investigative agency and this court that “the victim was unaware of the fact that he reported to the police with his cell phone,” but considering the following circumstances acknowledged by the evidence of each judgment, the Defendant, as above, may be acknowledged as having the victim open a door-to-face visit by means of taking the victim’s head debt and making the victim open a door-to-face call in the process of leaving the victim in a door-to-face tape, and upon hearing the phone call in the process of leaving the victim in a door-to-face, can be acknowledged as having the Defendant terminated the call by separating the door-to-face or pressing the end-face

① 피해자와 112 신고센터 경찰관들 사이의 통화 내용에 의하면, 피해자가 “H학교 좀 지나서 BS 가는 길 쯤에 있는 집에서 성폭행을 당하고 있다”고 말한 후 “아저씨가 잠깐 나간 사이에 문을 잠궜다”고 상황을 설명하자 곧 문이 열리는 소리가 들리고 피해자가 계속하여 “아저씨 제가 잘못했어요” 라고 울부짖는 소리가 녹음되어 있고, 곧이어 피해자가 “잘못했어요”라는 소리와 함께 “아”하는 비명을 수차례 지르다가 테이프뜯는 소리가 들린 후 피해자가 “아 아퍼, 아 아저씨... 아 아퍼... 아저씨 가운데 손가락... 아... 가운데 손가락... 아... 아파요. 아..." 하는 소리와 함께 피고인에게 애원하는 소리가 들리고 이에 피고인이 “니 말은 못 믿겠어”, “딴 생각하잖아" 라는 등으로 피해자에게 말을 하는 내용이 녹음되어 있으므로, 피고인이 피해자를 결박할 당시에도 피해자 핸드폰의 전원은 켜져 있었던 상태이었던 점.

② Even after the victim was faced with the Defendant, the police officer attempted to make a telephone call to the Defendant, such as “one address,” and divided into urgent conversations with the police officers: “Is the victim’s cell phone 1; hereinafter the same shall apply; hereinafter; hereinafter the same shall apply); and these telephone calls were sent to the Defendant’s front door through the victim’s handphone; at least when the front door is closed, the Defendant could have been able to listen to the said call; ③ the victim could not be deemed to have been forced to close the said phone at the time; ④ the victim’s cell phone 2:50 days immediately after the victim’s phone 22:50 days after the victim’s phone was sent; and ④ the police officer’s cell phone 2:0 times immediately after the victim’s cell phone 2; and the police officer’s cell phone 3 times after the victim’s cell phone 2 was removed from the waiting phone 2:5 hours after the victim’s cell phone 2.

6. The victim's Handphones can be divided into the back part of the back part of the case so that it can be separated from the back part of the case, and the part can be separated from the back part of the case, and the part can be separated from the part (b) after separation of the case into the part and then the part can be separated from the part.

As above, the Defendant was aware of the fact that the Defendant reported to the police by hearing the phone of the Handphone in the course of joining the victim by hearing the phone, separating the tape, or closing the tape by pressing the tape, and even if not, he was aware of the fact of the above report through confirmation of the telephone details stored in the Handphone by the victim. However, the Defendant committed the crime without immediately suspending or escapeing the crime.

(3) If circumstances are the same, it can be acknowledged that the instant crime was inevitably committed by the Defendant’s passive attitude, rather than by the Defendant’s criminal intent.

(k) In full view of the following circumstances acknowledged by the evidence as stated in the motive and purpose of the crime, it is reasonable to deem that the defendant had concurrent intent or purpose not only to rape the victim, but also to provide the body body for the purpose of the crime of this case.

(1) As seen earlier, the Defendant may be deemed to have been planning to kill the victim from the beginning to the point of view that the victim was arrested, detained and detained at his own house to the extent that the risk of exposure to his identity was not opened. The mere purpose of rape alone is to readily plan the murder of the victim.

(2) The Defendant, on an average per week at a sexual traffic business establishment, was sexual intercourse or sexual intercourse with female sex trafficking. From the instant case around March 30, 2012, the Defendant had an excessive gathering of sexual intercourse with regard to sexual intercourse, such as taking a young female from the aftermath of the H school to the aftermath of the H school, and taking a sexual intercourse with the victim, etc. In such a case, if the Defendant was kidnapped at one’s house for rape, the Defendant committed the crime against the victim several times during that period, rather than committing the crime against the victim several times during that period. However, at the time, the Defendant had attempted to rape more than twice against the victim and immediately suspended the rape, but it is difficult to accept the Defendant from the point of view that the Defendant was sexual intercourse with the victim’s body, other than 176cm and 83km body size, and it is difficult to accept the Defendant’s remaining rape with the victim’s body because the Defendant’s purpose was somewhat dissatched.

(3) In a case where the Defendant was leading the victim for rape and murdering the victim contingently, it would normally be reasonable to place the victim’s head in light of the situation of light or extreme interest, and the Defendant was at the price of the victim’s head in a hole, was unable to smoked several times in the process of making the victim’s head into a hole, was unable to smoke, and was able to search and view the victim’s obscenity as a mobile phone even in the process of damaging the body;

(4) According to this law, the defendant tried to put the body of the victim into a 6th floor by using the 5th floor of the body of the victim (the 5th floor of the body of the victim and the 5th floor of the body of the victim). The defendant's request for inspection and appraisal of the body of the victim (the 4th floor of the body of the victim, part of the body of the victim, the 4th floor of the body of the 5th floor of the body of the 5th floor of the body of the body of the body of the defendant, the body of the defendant's body of the 4th floor of the body of the body of the 5th floor of the body of the body of the defendant, and the body of the 4th floor of the body of the 5th floor of the body of the body of the defendant, the body of the 4th floor of the body of the 5th body of the body of the defendant, and the body of the victim of the 4th body of the body of the defendant were removed from the body of the 4th floor of the body of the defendant.

(6) If the defendant simply put the victim's body into a separate room and abandons it, the defendant's house used two saws, five saws, five knife, one knife, one knife, three knife, two knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, one knife knife knife knife knife knife knife k.

(7) The Defendant continued to set the victim's neck on the ground that the victim who was in a toilet floor without his mind by facing his left head with his arms and legs, and confirmed the death of the victim by adding the victim's head to his arms and legs. As seen earlier, the victim at the time of being sloping was not able to resist any resistance at the time of being locked, and the victim was in an unknown state of consciousness due to his head due to his head due to his joint kisp, but the reason is that the Defendant was the person who prices the head of the victim's head in the above situation at a joint kisp, and the fact that the defendant prices the head of the victim's head in the above situation at a joint kisp.

In short, if the defendant's above confirmation price is false, it can be seen that the defendant made the above false statement in order to prevent the defendant's death in a situation where the victim is alive, in spite of the absence of such confirmation price, and to exempt him from liability due to such false statement in order to prevent the defendant's death in a situation where the victim is alive, and then, if the defendant's above confirmation price is true, it is necessary to confirm the victim's death from the beginning because the defendant had a plan to destroy the victim's body, that is, it is necessary to confirm the victim's death, and therefore the above confirmation price is also necessary. In the latter case, the above confirmation price can be seen as having been closely related to the purpose other than the rape of the defendant at the time.

(8) In the police investigation, the Defendant stated that “The victim tried to rape on April 2, 2012 at around 05:15, based on the time when the victim was exposed to his mobile phone, but the victim resisted and killed the victim.” The Defendant attempted to rape the victim during a short time from around 05:15 to 11:50 arrested by the Defendant, and attempted to kill the victim, kill the victim, injure the victim’s body by destroying the victim’s body, and divide the well-known suicide into plastic bags, etc., into plastic bags, and attempted to rape or rape the victim more than 05:15,00,000 prior to the time when the victim was exposed to, and as much as possible, from the point of time other than the time that the Defendant made a statement that “It is possible to kill the victim by taking advantage of the victim’s objective from around 02:00 to October 3, 200,” and attempted to kill the victim at a relatively long time than the time of rape.”

(9) The monetary content for two months from December 31, 201 to February 28, 2012 of the Handphone (LG-LU6800) that the Defendant recently used is deleted, and the Defendant stated that “the monetary content was deleted without any special reason” (Evidence No. 1757 of the No. 17 of the No. 1757 of the No. 17 of the No. 201 of the No. 201 of the No. 2010 of the No.

(l) Whether the defendant reflects the defendant, and whether he was able to repent and edification

After the Defendant was arrested in the police, the Defendant took the attitude that the Defendant led to the confession that the Defendant killed the victim and damaged the victim’s body. However, considering the following circumstances acknowledged by each evidence of the judgment, the confession and reflection of the Defendant is bound to suspect the authenticity thereof, and rather, it is recognized that the Defendant intentionally conceals the crime, and therefore, it is difficult to say that there is a possibility for the Defendant to repent or repent the victim.

(1) As seen earlier, the Defendant appears to have committed a crime by denying or making a false statement in the course of an investigation by an investigative agency while making an investigation into an investigative agency based on objective data, while recognizing the fact that the investigation agency’s objective data falls short of the importance, and thus, appears to be against the Defendant.

(2) In this court, the Defendant is making efforts to realize the truth by consistently responding to questions unfavorable to himself, such as “profescing”, “profescing the victim’s body”, “profescing the victim’s body”, and “the reason and method for cutting off the victim’s body,” after entering the bar immediately after the Defendant went into the house in order to throw away the sirens on the day of the instant case.

(3) As seen earlier, the Defendant denied the victim’s transfer of Handphones after separation or forced termination of the victim’s transfer of Handphones, not only denied the fact, but also changed the statement about the time of murdering the victim, and there was a relatively objective circumstance as to the important part related to the motive and purpose of the Defendant’s murder crime even though there was a relatively objective circumstance as to the important part related to the motive and purpose of the Defendant’s murder.

(4) At the time of arrest, the Defendant: (a) posted a police officer’s door for about 50 minutes, but did not answer any question; and (b) was concealed in the toilet to appear as if he did not appear in the house; (c) if the police officer did not confirm that the Defendant was in his house, the Defendant could immediately escape and the instant crime could not be resolved smoothly; and (d)

(5) The Defendant did not make any voluntary efforts to recover the victim’s mental suffering or damage, and even at all, does not seem to have any appearance that is contrary to the truth, such as the victim’s family’s verbal harm, and the victim’s family does not look at the end of the crime.

M. Risk of recidivism

As seen earlier, the Defendant has distorted female officers, such as thinking that he can easily engage in sexual intercourse with the female, and attempted to capture, commit rape at home with the victim who does not have any awareness of her own and any other sexual intercourse, and subsequently, attempted to conceal the crime even after killing the victim and destroying the victim’s body in a stimulative manner. Rather, the Defendant committed the instant crime with the intent to provide the body for the stimulated purpose and attempted to commit the instant crime for the purpose of committing the crime. Therefore, in light of the intent and purpose of the foregoing, the Defendant and the Defendant’s attempt to commit the instant crime may lead to repeated and discriminatory chains. If the Defendant is returned to society, the risk of repeating the crime, such as the instant crime, is also high.

(n) The impact on our society and the victim's bereaved family members' damage appraisal;

The crime of this case committed at a harsh, cruel, and cruel act committed by the Defendant is not only a serious harm to society’s integration and safety, such as where the majority of the public who are living in the Republic of Korea and the sound social life, and thus, where the victim’s bereaved families constantly raised the motive and purpose of the crime of this case, thereby causing a serious harm to society. Moreover, the crime of this case where the victim’s life without any error as a workplace under the age of 27, i.e., the victim’s body was extinguished, and the body was seriously damaged, but also an anti-human and anti-human act that threatens the fundamental order and peace of the social community. Furthermore, the crime of this case was committed by all innocent foreigners living in the Republic of Korea, such as the crisis where all foreigners living in the Republic of Korea will be sold as potential criminals. In particular, the victim’s bereaved families continuously raised questions about the motive and purpose of the crime of this case, and thus, the victim is suffering from the most serious pain of the defendant, and the defendant is subject to punishment.

3. Determination of sentencing

A. The Defendant did not have the record of committing the instant crime in the Republic of Korea, during the police investigation, led to the confession of all the crimes from this Court to this Court, and the circumstances such as the number of victims resulting from the instant crime does not constitute the chain murder, are recognized.

(b) In addition, in order to choose a death penalty, the following strict requirements should be satisfied:

(1) The death penalty system is not only being criticized today's legal theory in terms of the fact that it is the most long term punishment that occurred along with the history of humanity, or that the nature or purpose of punishment is regarded as an edification of criminals, but also it is a strict reality that many countries around the world gradually abolish the death penalty system. However, the essence or purpose of the punishment is to balance the punishment with response to and punishment for crimes as it is not possible to educate criminals, and as long as the legal consciousness of the majority of the people still lives the death penalty and are received as inevitable punishment, it is ultimately to maintain the order of the State and to realize the order of the victims and their bereaved families, and to realize the order of the society.

(2) Therefore, the death penalty is a constitutional system that is applied to only exceptional cases where the inevitable nature of protecting other life or the public interest that has an equivalent value is satisfied according to the principle of proportionality, and is applied exclusively without abuse (see, e.g., Constitutional Court Order 95Hun-Ba1, Nov. 28, 1996).

(3) As above, the death penalty is a very cold punishment that deprives a human life of himself/herself of it, and is an extremely exceptional punishment that can be presented by the dual judicial system of a life-sustaining country. In light of the degree of responsibility for the crime and the purpose of punishment, the death penalty shall be permitted only when there is an objective circumstance clearly recognizable to anyone who can be justified in light of the degree of responsibility for the crime and the purpose of punishment. Therefore, in sentencing a death penalty, the death penalty shall be determined by thoroughly examining all of the following: (a) the offender’s age, occupation and career, character and behavior, character and conduct, education degree; (b) family relation; (c) family relation; (d) family relation; (d) the victim; (e) the degree of preparation; (e) the degree and method of preparation; (e) the victim’s seriousness and degree of damage; (e) the victim’s depth and attitude after the crime; (e) the degree of harm recovery; and (e) the likelihood of re-offending; and (e) the judgment shall be determined by the court below.

C. In the instant case:

However, in light of the following circumstances: (a) the Defendant intending to commit a crime with no relationship with himself/herself by placing the victim under restraint; (b) murdered the victim with his/her head; and (c) committed a cruel and cruel crime, such as taking away the victim’s property and taking theft; (d) even if the victim’s attempt to commit a crime, it was difficult to take advantage of the victim’s attitude, such as hidingly obsing the reported person’s life or unfaithing the victim’s life or unresting the victim’s body, by taking into account of the circumstances where the victim’s death was committed, the Defendant’s intention or objective to commit the crime of this case is likely to be seriously abused; and (b) even if it was difficult for the victim to take advantage of his/her mental health and other factors, it is hard to find out that the victim’s motive and purpose of providing the victim’s body to the victim’s life, which might have been seriously affected by our society’s misscepting and unresting the victim’s body.

Registration of Personal Information

Where a conviction becomes final and conclusive against a crime committed against the defendant, the defendant is a person subject to registration of personal information pursuant to Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 3

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

The presiding judge, judge;

Judges Kim Ge-han

Judge Lee Jin-hun