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(영문) 부산지방법원 동부지원 2008.10.10.선고 2008고합110 판결

(분리)강도상해,강제추행치상,준강도(변경된죄명절도미수,상해,폭행,협박),강도미수,강도예비

Cases

208Ma110(Separation) The name of the crime resulting from robbery, bodily injury by compulsion, or quasi-Robbery (the name of the altered crime)

Misappropriation, bodily injury, assault, intimidation), robbery, robbery

Reserve

Defendant

A (75 years old, South, North) and non-permanent

Prosecutor

Kang Jong-dae

Defense Counsel

A public-service advocate-service advocate;

Imposition of Judgment

October 10, 2008

Text

A defendant shall be punished by imprisonment for five years.

The 88 days of detention before this judgment is sentenced shall be included in the above sentence.

The excessive one point (No. 4), the frequency of the seizure knife knife knife knife knife knife knife knife knife knife knife knife knif

Reasons

Criminal History Office

1. Injury resulting from robbery, injury or indecent act by compulsion;

On June 29, 2008, the Defendant: (a) discovered the victim V1 (age 51), who is under the influence of alcohol in the old room located in the Cheongdo-gun, Cheongbuk-do-do-si on June 29, 2008; (b) discovered the victim 51 (age 51); (c) discovered the victim her face one time, two times her face, and one time her chest part of the chest.

피고인은 주변에 있는 으슥한 곳으로 피해자를 안고 가서 바닥에 눕힌 다음 피해자의 스타킹과 팬티를 벗기고 두 다리를 벌려 입으로 음부를 빨고 손가락을 음부에 수회 쑤셔 넣어 질 입구가 찢어져 피가 나게 하였다. 그 후 피고인은 피해자의 소유인 시가 100,000원 상당의 핸드백 1개, 시가 100,000원 상당의 손지갑 1개, 시가 7,000원 상당의 돋보기 1개, 시가 291,000원 상당의 삼성애니콜 휴대전화기 1대, 시가 200,000원 상당의 목걸이와 진주반지 1세트, 시가 170,000원 상당의 18케이 팔찌 1개, 현금 1,242,000원, 의료보험증 1장, 주민등록증 1장, 운전면허증 1장, 현금카드 4개, 농협통장 4개, 현대신 용카드 2개를 빼앗았다.

As above, the Defendant suffered from an indecent act by force against the victim, took the victim’s cash, etc. into consideration, and inflicted an injury on the victim, such as cutting the bones of the bones No. 9 on the left-hand side, which requires approximately four weeks medical treatment.

2. Attempted robbery and injury by robbery;

피고인은 부녀자를 상대로 강도할 것을 마음먹고 2008. 7. 9. 19:20 경 부산 해운대구 중2동에 있는 H 식당 앞길에서 피해자 V2(여, 28세)와 V3(여, 42세)이 승용차를 타고 가는 것을 발견하고 오토바이를 타고 뒤따라가 오른발로 위 승용차의 왼쪽 앞 문짝을 여러 번 걷어찼다. 위 V2가 운전석 창문을 열고 “왜 그러세요.” 라고 말하자 피고인은 "니 내 안쳐다봤나. 이 씹할년아" 라고 소리치고 주먹으로 그녀의 눈 부위를 1회 때리고 뒷좌석 창문 안으로 손을 넣어 위 V3의 손목을 잡아 차 밖으로 끌어내려고 한 다음 위 V3의 왼쪽에 놓여진 핸드백을 잡아 강취하려고 하였다. 피해자 V3이 핸드백 끈을 잡고 놓아주지 아니하자 피고인은 손으로 위 V3의 뺨을 1회 때렸다. 피해자들이 창문을 올리고 경찰에 신고하자 피고인은 주먹으로 창문을 두드리고 위 승용차의 왼쪽 뒷부분을 날카로운 물건으로 긁은 다음 도주하였다.

As above, the Defendant attempted to take the Handbags, etc. of the victims, but attempted to do so;

Along to the above-V2, approximately two weeks of treatment was put to the inner area in need of treatment.

3. Attempted theft, bodily injury, assault, or intimidation;

On July 9, 2008, the defendant discovered that at the front of the subway station No. 5 in the subway station located in the Busan Metropolitan City Shipping Daegu, the victim 5 (the age of 27) and V5 (the age of 30) waiting for pedestrians' signal are staying in the handbag in front of the entrance of the subway station No. 5 (the age of 30) and the victim baging the handbag, cutting the handbag without a number plate, and approaching the victims, they did not take the handbags of the victims so that they did not take the handbags of the victims, but did not take the handbag, and added the defendant to the victims. The defendant followed the victim, "I am me without reporting", and "I am the victim's face," and the victim "I am out of 15 minutes of the victim's face and walk the victim's face with 15 minutes of the victim's walk."

The Defendant threatened the victim 56 by saying that the victim 56 (the age of 26) was driving away from the Otoba, and the key of the Defendant was cut off by getting off the Defendant and getting off the Defendant, and the Defendant’s key was cut off ( approximately 20 meters in knife length, No. 4), the Defendant told 56 to the effect that 56 “on the other hand, the knife is coming out of the prison, and the knife is the match, and the knife is the match. If the Defendant reported, the knife may be dangerous.”

As above, the Defendant attempted to bagbagbag a handbag, and she did so. At the time of the above V5, the Defendant inflicted an injury on the women, such as an internal and lower bags, which require approximately four weeks of treatment, and assaulted the above V4, and threatened the above V6.

4. Robbery reserve forces;

On July 12, 2008, the defendant purchased 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 knife knife knife knife knife knife knife knife knife knife knife in Busan.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 337 of the Criminal Act, Articles 301 and 298 of the Criminal Act, Articles 342 and 333 of the Criminal Act, Articles 342 and 333 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 283(1) of the Criminal Act, Articles 283(1) of the Criminal Act, Articles 343 and 30 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crime of robbery, bodily injury, and bodily injury resulting from indecent act by force against victim V1)

1. Selection of punishment;

For the crime of injury by robbery, each choice of imprisonment with prison labor shall be imposed on limited imprisonment, attempted larceny, assault, assault, and intimidation.

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed in the crime of robbery, injury, or injury by robbery against V1 with the largest punishment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act, even though the victims did not act against female women who are weak and incapable of setting up against the victims, it is inevitable for the victims to be sentenced to severe punishment on the ground that the victims are forced to take the victims' articles and inflict an injury upon them, and because the nature of the crime is not very good, such as sexual assault. However, the defendant is contrary to this court, and there is no particular criminal history prior to the crime of this case, and other circumstances leading to the crime of this case, including the circumstances leading up to the crime of this case and other conditions of all the sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime of this case.

Judges

The presiding judge shall be the highest judge.

Judges Cho Jong-tae

Judge Meritorious;