beta
(영문) 청주지방법원 2020.05.15 2020고합46

강도강간등

Text

A defendant shall be punished by imprisonment for eight years.

Seized evidence 2 (one gallon (S10)) from the defendant.

Reasons

Punishment of the crime

On December 2, 2019, the Defendant: (a) received a request from C, who was in the early death of the victim B (the family name of the victim (the family name) who was in an internal relationship with D having been living together with D, and received the name and contact of the victim, and subsequently, threatened the victim with his/her family members of his/her family to remove money by threatening him/her to inform his/her family members of his/her internal relationship with D of his/her non-living relationship; (b) thereby raising awareness of his/her internal relationship with D.

1. In the event that a robbery attempted rape repeats a similar rape and rape with respect to “the victim who is unable to resist or has been in a very difficult situation with the same assault and threat,” the crime is established only for the crime of rape if it is judged that the act of similar rape was committed under the lower criminal intent of a single and continuous crime during a series of processes for rape and that the damage legal interests are identical. The act of similar rape is not incorporated into the crime of rape, and does not constitute a separate crime. The same applies to the case where the crime of rape was committed.

(See Supreme Court Decision 2002Do2581 Decided September 4, 2002, and Supreme Court Decision 2014Do17372 Decided March 12, 2015). The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Cata, etc.”) by means of phone call to the victim B from the home of F, a land located in Cheongju-gu, Cheongju-si, Cheongju-si, on February 18, 2020, called “Gatdo Do Do Do Da, Do Do Do , Du Do , Do , Do , Do Do , Do , Do , Do , Do , Do , and Do , Do , Do , Do , Do , Da Do , Da Da Da na-gu.”

At around 19:10 on the same day, the Defendant: (a) laid the victim into the lower seat of H C Czemast-man’s car operated by the Defendant at the front of the same day; (b) moved around approximately 6 km away from the front seat of the G to the alley-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, which has no human resources, and stopped the vehicle; and (c) cut off the cell phone from the victim and stopped the vehicle.