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(영문) 대전지방법원 2012.08.16 2011고합536

특수강도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant, along with C, induced sexual traffic to the male through Internet hosting, and conspired with D to collect money on the ground that D, who is a minor, had been accommodated with the male house, entered the site, had the minor and the support bridge, and the defendant induced E (the age of 19) of the victim, who was a female woman in the Burdithing room, was able to do so.

Defendant

On March 31, 201, at around 04:50, the Defendant, etc. (hereinafter referred to as “Defendant, etc.”) waiting outside the Felel in Daejeon-gu, Daejeon-gu, Daejeon-gu, and D was 90,000 won in return for sexual traffic after being administered together with the victim and the above 205, and was saw at a bath, and was saw at the bath, the Defendant, etc. was informed of the protection room and password using mobile text messages.

Defendant

Along with the above 205 entrance door, the victim forcedly opened the entrance, and the victim tried to report to the police, and the defendant et al. took the face of the victim so that the victim could not report.

After suppressing the victim’s resistance as above in collaboration with C, the Defendant took a canaling cell phone (hereinafter “portable phone”) with the victim’s market price equivalent to KRW 400,000,000 of the market price owned by the victim.

Summary of Evidence

1. Entry of the accused and C in the first trial records;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (affirmative for suspended execution below);

1. Determination on the assertion by the accused and the defense counsel under Article 62-2(1) of the Criminal Act, Article 59(1) of the Probation, etc. Act

1. The alleged defendant is the victim.