The petitioner was tried and convicted of murder and special rape, and was sentenced to capital punishment by the trial court. The appellate court affirmed the judgment. The Supreme Court dismissed the motion, and then the petitioner himself filed a constitutional complaint with the Constitutional Court.
Every human life is equal in value.
However, the state may set standards for giving priority to some values when any such values collide with each other or with a compelling public interest. Capital punishment, which is limited to such extreme cases as criminal acts denying human lives, is 'a necessary evil' devised to protect such prior values. It is justified because it fulfills its function at present and is implied in a set of punishments contemplated in the Constitution. In this respect, capital punishment does not contravene the constitutional principle of proportionality between crime and punishment, nor does it go against our constitutional order. The use of capital punishment is inevitable to protect people's lives.