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(영문) 광주지방법원 순천지원 2019.02.21 2018고합233

준강도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 11, 2017, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) provided that sexual traffic was conducted by giving KRW 150,00 to D (the age of 28) who met through “C”, which is a mobile phone hosting clock, and engaging in sexual intercourse with D.

2. At the same time and place as mentioned in the preceding paragraph, the quasi-Robbery Defendant: (a) committed the act of sexual intercourse with the victim D, and (b) took 150,000 won in cash left by the victim who was on the table by means of the gaps in which the surveillance of the victim was neglected; and (c) discovered the victim and “fessing money in favor of why he would escape”; and (d) tried to go out of the bottom of the studio studio in front of the above studio studio studio gate; and (b) tried to go out of the floor by cutting down the victim’s hand in order to avoid the defect that the victim would prevent the Defendant from putting his clothes.

As a result, the defendant stolen 150,000 won in cash owned by the victim, and assaulted the victim for the purpose of resisting the recovery of property or evading arrest.

3. At around 22:05 on June 21, 2018, the Defendant: (a) met the victim D (one person) who wished to have a sexual intercourse with the payment of the price through the “C”, a mobile phone hosting c, at the time of drinking water; (b) entered the victim’s seat room; (c) made use of the victim’s gaps in which the surveillance was neglected; and (d) stolen the victim’s property owned by the victim by taking advantage of the gap in cash amounting to KRW 100,00 in cash; and (e) taking advantage of the mobile phone devices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D or D;

1. Application of Acts and subordinate statutes to a report on internal investigation (the Defendant’s H photograph, the victim’s land category D), a report on internal investigation (on-site verification of Fel G), and a report on internal investigation (the confirmation of Fel CCTV);

1. The Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense;