In the case of a violation of Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Offenders of Robbery, whether a repeated crime may be aggravated (negative)

Unlike the purpose of Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-5 of the same Act provides that the requirements for repeated crimes themselves, such as robbery, are subject to the aggravated punishment requirements of recidivism, and thus, the special provisions on repeated crimes are not subject to aggravation of repeated crimes.

Articles 5-4 (5) and 5-5 of the Act on the Aggravated Punishment, etc.

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Choi Gyeong-soo et al., Counsel for plaintiff-appellant)

Defendant 1 and three others

Jeong Young-chul

Law Firm original rate, Attorneys Yang Ho-ho et al., Counsel for the plaintiff-appellant

Defendants shall be punished by imprisonment with prison labor for 12 years.

The number of days of detention prior to the issuance of this judgment shall be 144 days, including the amount of each penalty against Defendant 1, 2, and 3, and 143 days, in the amount of each penalty against Defendant 4.

Criminal facts

Defendant 1 was sentenced to five years of imprisonment with prison labor for robbery, injury, etc. at the Busan District Court's Dong Branch on July 15, 1998 and the execution of the above sentence was terminated on June 5, 2003. Defendant 2 was sentenced to five years of imprisonment with prison labor for robbery, etc. at the Busan District Court's Dong Branch on September 23, 1998 and released on September 30, 2002 and the remaining period was expired on May 27, 2003. Defendant 3 was sentenced to five years of imprisonment with prison labor for robbery, etc. at the Busan District Court's Busan District Court's Dong Branch on April 18, 1998 and completed the execution of the above sentence; Defendant 4 was sentenced to imprisonment with prison labor for robbery, etc. at the Busan District Court's District Court's Busan District Court's Dong Branch on October 22, 1998; Defendant 2 was demoted for a period of five years of imprisonment with prison labor for robbery, etc.;

1. The Defendants are recruited by conspiracy and partnership.

A. On May 1, 2004, the first day of the first day of 04:00 on the way near the Busan High Medical Hospital located in the Busan High Medical Hospital, the defendant 1 drives the Aburged Automobile, and the other defendants find the person who is mixed with the above vehicle and colored the object to commit the crime. The defendant 1, 2, and 3 reported the network within the above vehicle, and the defendant 4 made the above victim's failure to resist by putting the above victim's shoulder up with the hand, and 10,00 won in cash and cosmetics, etc., and the defendant 1, 2, and 3 took them away from the market price of the above vehicle, and the defendant 4 took them by force by taking them away from 10,000 won and cosmetics, etc.

B. On May 21, 2004, at around 03:25, 00, Defendant 2 driven the above car and the other Defendants colored the object of crime by driving the vehicle on the above vehicle. Defendant 1 and 2 reported the network within the above vehicle, Defendant 3 and 4 followed the above victim, and Defendant 4 did not resist the victim's bridge beyond the victim's bridge. Defendant 3 did not resist the victim's bridge due to the above vehicle. Defendant 218,00 won in cash, Defendant 1, 1, 1, 1, 1, 1 transportation card, 1 transportation card, 1 transportation card, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 3, 2, 3, 2, 2, 3, 2, and 3.

C. On May 21, 2004, at around 04:15, from the alleyway following the Busan Metropolitan City public notice of the crime of this case, the victim 2 (22 years old) who seeks to take and depart from the crime of this case by using the above method, and the defendant 2 shall report the network within the above Alley-purbured car, and the defendant 1, 3, and 4 shall set off the above Clurl with the above Clurld car, and the defendant 3 shall open the driver's seat of the above Clurl, and shall prevent the above victim from taking it out in the order of the Busan Metropolitan City public notice of 4:00,000,000,000 Busan Metropolitan City public notice of the above 4:0,000,000 won, and Defendant 1 shall take advantage of the victim's sexual intercourse with the above 4:0,000 won, and shall make it out to the Busan Metropolitan City public notice of 1:7:0,000,00.

D. At around 03:30 on May 2004, in the alleyway near the Mag-gu, Simpo-gu, Busan, in order to avoid committing the crime in the above manner, the marg is found in the name in which the marg was mixed, and Defendant 1, 2, and 3 reported the network within the above Amarg-purg vehicle. Defendant 4, following the above marg from the above marg vehicle, made the above marg to be unable to resist at the time of the above marg, and took the marg of the market value after deducting one handbag from the market value.

E. At around 02:10 on May 25, 2004, the victim 3 (Woo, 44 years old) located in the Geumdong-gu Busan, the crime was discovered in the above manner, and the victim was found to have failed to return home by driving the mast car, and the other defendants 2 reported the network within the above mast-pur vehicle. The above math-ray vehicle was set off from the above math-pur vehicle with the above math-ray car, and the defendant 3 was prevented from suffering the above 1st-ray of the above math-ray vehicle. The defendant 1 was on board the 1st-ray, the defendant 4 had the above math-dong 1st-dong 4th-dong son, the above 1st-dong 1st-dong 1st-dong 300,000 won to the above math-dong 1st-party 1st-party 1st-party 30,000 won to the above Y.

F. At around 02:40 on May 27, 2004, Defendant 1, 2, and 4, using any crepan XD car owned by the victim 4, on which the next key was displayed and parked in the way near Samsung 1,00,00,000, the market price of which is 110,000,000,000 won.

G. At around 02:00 on May 28, 2004, Defendant 2 driven the son-domp XD car located in the 1-dong, Suwon-gu, Busan, and Defendant 2 was able to drive the said son-domt XD car which was stolen, and the other Defendants were able to use the said son-dom for committing a crime, and Defendant 2 found the victim inside the mick (26 years old). Defendant 2 reported the network within the said car, other Defendants followed the above son-dom, Defendant 1 reported the network around the said car, Defendant 3 was prevented from suffering from the above son, Defendant 4 got off the above son-dom, Defendant 2 got off the above 10-dong face of Samsung-dong, Defendant 1 got out of the 10-dong face of Samsung-dong, Defendant 1 got out of the above 10-year face of Samsung-dong, Defendant 1 got off the above 10-day face of the above 100-year market price.

(h) On May 31, 200, at the Busan District Court, around 03:0, 100, the defendant 2 drives the above Aburged Car at the Busan District Court, and the other defendants find that the injured party 6 (the age 43) parked and disembarked the Noburged Car within the above Aburged Car, and the other defendants 2 do so at the above Aburged Car at the above 0th 3rd 3rd 1, the above 0th 3rd 1, the above victim 6th 3rd 1, the above 4th 5th 1st 2nd 0, the above 1st 0th 1st 2nd 1st 0, the above victim 1st 0th 2nd 1st 0, the above victim 4th 2nd 1st 3th 3th 1st 2nd 1, the above victim 4th st th th 1st th th th 1, the above market price.

(i) On June 10, 2004, around 05:30, at the direction of the Ambscopon fest in the vicinity of the ebscopon dong-dong in Busan, Defendant 2 driving the said Ampopon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon copon crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison crison c. Defendant 4, at the above Ampon copon copon copon con c.

차. 2004. 6. 11. 03:00경 부산 수영구 남천1동에 있는 피해자 8(여, 39세)의 집 앞길에서, 피고인 1은 위 아반떼 승용차를 운전하고 다른 피고인들은 위 승용차에 동승하여 범행대상을 물색하던 중, 위 피해자가 링컨콘티넨탈 승용차를 운전하여 귀가하는 것을 발견하고, 피고인 1은 위 아반떼 승용차 안에서 망을 보고, 피고인 2, 3, 4는 위 아반떼 승용차에서 내려 500m 정도를 뒤따라가서, 위 피해자가 위 링컨콘티넨탈 승용차를 주차하고 집으로 들어가려고 하자, 피고인 3은 위 피해자의 입을 막으면서 얼굴을 1회 때려 넘어뜨리고, 피고인 2는 차열쇠를 빼앗고, 피고인 4는 위 피해자를 꼼짝못하도록 잡고 있다가 피고인 3과 같이 위 피해자를 위 링컨콘티넨탈 승용차에 태워 뒷좌석 바닥에 엎드리게 하여 항거불능케 한 다음 핸드폰 2대, 우리은행 비씨카드 1장, 여권 1장, 주민등록증 1장, 시가 40만 원 상당의 루비똥지갑 1개를 빼앗고 시가 6,300만 원 상당의 위 승용차를 운전하여 가 이를 강취하고, 피해자를 협박하여 위 비씨카드의 비밀번호를 알아낸 후 같은 날 04:31경 부산 사하구 괴정1동 956-6에 있는 조이풀 편의점 현금자동지급기에서 위 비씨카드로 현금 67만 원을 인출하여 이를 절취하고, 위와 같이 강취한 신용카드를 사용하고,

2. Defendants 1, 2, and 4 are combined.

A. On March 1, 2004, at the backway of the National Bank of Korea located in the Nam-gu, Busan on the date of 05:00, Defendant 2 driven an Aburged passenger vehicle, Defendant 1, and Defendant 4 are driving the said vehicle with the above vehicle and colored the object of crime. Defendant 1, and Defendant 2 discovered a marged victim (the mar, 30 years old). Defendant 1, and Defendant 2 reported the network within the above vehicle, and the above Kim Sung-il reported the victim's mar in the vehicle, following the above marg to the above marg to the head of the above marging passenger, and made the victim unable to take part in the several times, and took it off by taking the marging one from the market price in which one right is included.

B. On April 6, 2004, around 04:15, in front of the Cheongdong in Busan, the victim 9 (the 24 years old), who was using the above method, was found to have been committing the crime. Defendant 2 reported the network within the above vehicle, Defendant 1 and Defendant 4 followed the above victim who was lowered from the above vehicle. Defendant 1 was on the back seat of the above vehicle. Defendant 4 was able to prevent the above victim from suffering from being on the back seat of the above vehicle, and she was on the back seat of the above victim and she was on the back seat of the above passenger vehicle, and she was unable to resist the above victim when she was on the back seat of the above victim, she was on the back seat of the vehicle, and she was on the back seat of the above victim, 80,000 won, gold Ban, 1, 1, 1, 1, 1, 1, 1, 3, 1, 1, 1, 3 mobile phone.

C. On the first day of May 2004, at around 04:30, at the bottom of the village in the Nam-gu, Busan, the day of May 2004, Defendant 1 driven the said car, Defendant 2, and Defendant 4, while driving the said car with the said car and colors the object of crime, Defendant 1 and Defendant 2 discovered a micker’s name (influence, age). Defendant 1 and Defendant 2 reported the network within the said car, Defendant 4 followed the said car to make the said victim unable to resist by taking care of 120,000 won in cash, and Defendant 4 took it by taking off one hand Hand, containing 120,000 won in cash.

3. Defendants 2, 3, and 4 are combined.

At around 02:00 on March 25, 200, on the alleyway near the valley-dong, Busan, the victim 10 (the victim 10, 35 years of age) is found to have been trying to get out of the Arasp car during the coloring of the object of the crime, and the defendant 4 has opened a driver's seat on the above driver's seat and made the above victim "I will die..........." The defendant 2 entered the back seat with the victim, let the victim be cut down on the back seat, and driven the above passenger's vehicle. After that, the defendant 3 returned to the back seat for about 3 hours, and threatened the above victim with "I will die..........." The defendant 1 will die" and the defendant 3 has the right of cash, 100,000 won, 30,000 won, 150,000 won, and 10,000 won digital market price.

4. A. Defendants 1 and 4 are incorporated with Defendant 2 and 3.

At around 01:40 on June 3, 2004, Defendant 2 driven the Manbur XD car in front of the Madern 2, 166-7, Suwon-gu, Busan, and Defendant 2 found the victim 11 (26 years old), Defendant 2 reported the network from the above vehicle, Defendant 3 followed the above victim, Defendant 3 was prevented from suffering from the surrounding vehicle, Defendant 4 was led to the above victim and the above victim 14,00 won, national card 1, 11, 1, 1, 1, 1, 1, 1, and 1, and 1, 1, after getting the victim to resist with the rear left side of the vehicle.

B. Defendant 2, Defendant 3

As above, Defendant 1 and 4 forcibly took 14,00 won in cash from the victim 11, and had the above victim fully lost his intent to resist around that time make her sexual organ quickly and forced the above victim to commit an indecent act by force;

C. Defendants are recruited and jointly engaged in.

After identifying the identification of the identification number of the above credit card by threatening the above victim, around 03:44 on the same day, the amount of 50,000 won in cash from the above national card and the above EL branch card shall be withdrawn from the above 40,000,000 won from the EL25,00,000, Nam-gu, Busan, Nam-gu, Busan, with the 53-1,000,00

5. Defendant 2

Article 2-2(2) of the former part of the Act on the Protection, etc. of Victims and Article 2-2(2) of the Act on the Protection, etc. of Victims and Article 2-2(3) of the Act on the Protection, etc. of Victims and Article 2-2(1) of the Act on the Protection, etc. of Victims and Article 2-2(1) of the Act on the Protection, etc. of Victims and Article 2-2(1) of the Act on the Protection, etc. of Victims and Article 3(1) of the Act

Summary of Evidence

1. Defendants’ partial statement

1. Statement of each prosecutor's suspect interrogation protocol against the Defendants

1. Statement made by the prosecutor of the prosecution on the victim 2;

1. Statement of each police suspect interrogation protocol against the Defendants

1. Statement statement made by the police in relation to the victim 1, 2, 3, 5, 11, 7, 7, 7, 7, 8, 8, 8, 4, 6, 10, and 9;

1. Entry of each police seizure protocol;

1. Each written appraisal;

1. Statement of opinions about the victim 9;

1. The description of each criminal record against the Defendants

1. Entry of an investigation report on the date of release from the prosecution;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

A. Defendants

Habitual special robbery: Article 5-4 (3) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 334 (2) and Article 333 of the Criminal Act.

Special robbery: Article 5 (2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 334 (2), Articles 333 and 297 of the Criminal Act (Appointment of Imprisonment)

Article 329 and 30 (Selection of Imprisonment)

The use of forced credit cards or debit cards: Article 70 (1) 4 of the Specialized Credit Finance Business Act and Article 30 of the Criminal Act.

Special larceny: Article 331(2) and (1) of the Criminal Act

B. Defendant 1, 2, and 4

Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 337 of the Criminal Act.

C. Defendant 2, 3

Special robbery: Article 5 (2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Articles 334 (2), 333, and 298 (Appointment of Imprisonment) of the Criminal Act

D. Defendant 2

Special robbery: Articles 12, 5(2) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, Articles 334(2), 333 and 297 of the Criminal Act (Optional to Imprisonment with Labor)

1. Aggravation for repeated crimes;

(a) Article 35 of the Criminal Act (Aggravated Punishment of Theft, Specialized Credit Financial Business Act, Aggravation of Special Theft), Article 3 of the Special Act on the Punishment of Specific violent Crimes (Aggravated Punishment, etc. of Defendants, within the limit of the proviso of Article 42 of the Criminal Act, with respect to each of the crimes under the judgment of Defendants except each of the crimes of larceny, Specialized Credit Financial Business Act, Special Theft, and Defendant 1, 2, and 4;

B. Unlike the purport of Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-5 of the same Act provides that the requirements for repeated crimes themselves as the requirements for aggravated punishment, such as robbery, are prescribed as the requirements for aggravated punishment, and thus, a repeated crime cannot be imposed as to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of robbery, Injury, etc.). In addition, Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime of robbery, Injury, etc.) is applied if a person was indicted as a crime of robbery, not a crime of robbery,

1. Aggravation of concurrent crimes (defendants);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [Attachment within the limit of the proviso to Article 42 of the Criminal Act to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which has the largest degree of punishment for the crime]

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Considerations such as the fact that the defendants repent their mistakes)

1. Calculation of the number of days pending trial (the accused);

Article 57 of the Criminal Act

Judges Kim Shin (Presiding Judge)