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(영문) 수원지방법원 2018.11.08 2018고합236

강도등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On April 24, 2018, around 19:35, the Defendant: (a) around the third male toilet of the third floor of the building B in Masan-si, Gyeonggi-si; (b) around 19:35, the Defendant: (c) around the third floor of the building B; (d) around the opening of the commercial office at the time, she worn a verification string while wearing a verification string while there is no human being; (d) the Defendant her hand of the victim C (e.g., 27 years old, household name, intellectual disability 2 level) from a female toilet; (e.g., he knifed the victim’s toilet and panty so that the victim cannot flee; and (e) the Defendant was able to enter the victim’s chest and panty by inserting the victim’s string; and (e) the victim’s chest and knife did not have any flue.

Accordingly, the Defendant committed similar rapes against the victimized person.

2. In the time and time set forth in the above Paragraph 1, the Defendant continued robbery, taking advantage of the fact that the victim’s resistance suppression continues to remain in force, and taking advantage of the victim’s resistance suppression situation, the Defendant stronged the victim’s cell phone 1, and 540,000 won in cash located in the wall owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording notes or stenographic records;

1. A written statement prepared in C;

1. Each investigation report, investigation report (related to skek worn by the person under investigation), and seizure report (voluntary submission);

1. The application of the Acts and subordinate statutes concerning photographs, photographs of seized objects, maschographs taken in possession, and CCTV-fafsing;

1. Article 297-2 of the Criminal Act (a point of similar rape) and Article 333 of the Criminal Act concerning a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier robbery);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend lectures or community service orders, and Article 62-2 of the Criminal Act;

1. The disclosure; and