A Imprisonment with prison labor for a maximum of five years, for a short of four years, for defendants B and C, for a maximum of three years, for a short of two years and for a short of two years and six months.

[2012 Gohap438]

1. 피고인 A의 강도예비 피고인 A은 2012. 5. 17. 00:30경 수원시 장안구 G식당 앞길에서, 위 G식당 안에 있던 피해자 H(여, 46세)와 피해자의 지인인 성명불상의 남자(이하 함께 지칭할 때에는 ‘피해자 등’이라 한다)가 술에 만취한 것을 발견하고, 당시 같이 있던 B, C, D에게 ‘아주머니와 아저씨가 취했다, 퍽치기 하자’라고 제안하였으나, B, C, D은 이에 동의하지 않았다.

Nevertheless, the Defendant got out of G cafeteria until the victim, etc., who is a person to commit the crime, followed by the victim, etc., by gathering an opportunity to commit the crime outside G cafeteria.

As above, the Defendant, when following the victim et al., entered into the I apartment 716 - from Suwon-si, the victim et al., and did not start the Defendant’s execution with the wind, where the male who was carrying the victim’s bank was unexplosible.

Accordingly, the defendant prepared robbery.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) - Defendants A, B, and C’s co-offenders were aware that they would rape the victim H (n, age 46) as stated in paragraph (1) on May 17, 2012, and Defendant A had access to the victim and led the victim under the influence of alcohol from the said I apartment to J toilets in Suwon-gu, Suwon-gu, 300 meters away from the said I apartment.

After that, Defendant A refers to the purport that “the victim is in a toilet” refers to that “the victim is in a toilet,” being towed by a male toilet room, booming the victim’s bridge, and prevented the victim from being scamed with a scam of the victim, scambling the victim’s face by going on the victim’s body, scambling the victim’s face by going on the victim’s body, and scam out of the victim’s top, and rape.