Text
A defendant shall be punished by imprisonment for five years.
Seized evidence No. 11 shall be returned to the victim C.
Reasons
Punishment of the crime
At around 04:00 on August 1, 2013, the Defendant boarded the D private taxi driven by the victim C (the age of 51) to leave his house near the department store in Bupyeong-gu Incheon Metropolitan City, and came to know of the fact that the victim was a female at the time of the Incheon Seo-gu building, the Defendant: (a) was able to collect the money of the victim; (b) was able to collect the money of the victim from the victim; (c) was parked in the vehicle of the victim; and (d) demanded the victim to move to the Gharmter located in Seo-gu Incheon Metropolitan City, Seo-gu.
After that, the Defendant had the victim move again to H in order to attract the victim to a rare place, and prevented the victim from resisting by assaulting the victim's neck at the parking lot, etc., on the part of the defendant, he did not resist the victim. The Defendant 130,00 won in cash, 1 cellular phone, 1 vehicle heat, 1 locker, and 1 locker owned by the victim, had the victim get the victim off the clothes, cut off the victim's head three times, forced the victim's head to take off the clothes, and flick the victim's sexual organ, and tried to rape the victim by continuously committing sexual intercourse with the victim, but the victim got off the taxi to the "I" located in the same Gu, and then she attempted to escape from the same Gu.
Accordingly, the defendant took property of the victim and attempted to rape the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Investigative report (the analysis of black boxes recorded by a suspect and recording records of conversation contents), investigation report (the correction of errors in the analysis of black boxes and the re-Attachment of a recording of conversation contents), investigation report (the act of crime, the rate of charge and the correction of cash recorded);
1. Article 2(1)4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Ctv-faging Acts and subordinate statutes provides only the crimes under Article 339 (Robbery and Rape) of the Criminal Act as sexual crimes, and the Criminal Act for attempted robbery and rape.