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(영문) 서울중앙지방법원 2017.04.27 2017고합168

강도강간미수등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 14, 2017, at the main point of "F" on the first floor of building in Jongno-gu Seoul Metropolitan Government, around 00:17, the Defendant ordered the victim who is the owner of the business (the victim, 57 years of age) to pay the following drinking value to the victim (the victim, who is the owner of the building in Jongno-gu Seoul Metropolitan Government). In addition, when the victim's face is taken due to a sudden drinking, the victim's face is taken over the floor, and the victim's face is taken over by hand, and the victim's face and chest part, etc. are taken several times, and the victim's face and chest part are detained, and 177,000 won in cash is taken from the calculated-gu, Seo-gu, Seoul Metropolitan City.

Influence into the Republic of Korea.

After that, the defendant assaulted the victim by hand, such as taking the victim's head debt with the second floor of the victim's head, towing the victim's face by hand, taking the victim's face by hand, taking the chest several times by hand, and cutting off the clothes of the victim, and promptly putting the victim's head into the victim's body.

Although the victim tried to rape by committing rape, the victim failed to rape with the wind that the victim resists thoroughly and out of the main point.

As a result, the Defendant abused the victim and forcibly took 177,00 won in cash owned by the victim after suppressing the victim's resistance, and inflicted on the victim about three weeks of treatment, and attempted to rape the victim while committing rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of resignation on the applicant for compensation;

1. G statements;

1. A written diagnosis of injury;

1. Each investigation report (Evidence list 6,8,12,13,14,17);

1. Photographs of the victim's face;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Article 337 of the Criminal Act, Articles 342 and 339 of the Criminal Act concerning facts constituting an offense (the point of inflicting an injury on robbery), and Articles 339 of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the attempts to commit robbery and rape with heavier punishment);

1. Selection of alternative abandonment of punishment;

1. Articles 25(2) and 55(1)3 of the Criminal Act [the attempts to commit robbery and rape] of the Criminal Act: Provided, That this shall not apply.