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(영문) 대구지방법원 2005. 8. 26. 선고 2005고합50,2005고합53(병합) 판결
[특정범죄가중처벌등에관한법률위반(강도상해등재범)·강도상해·특수강도·특수절도·성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)·자동차관리법위반·공기호부정사용·부정사용공기호행사·도로교통법위반(무면허운전)][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Kim Yong-deok

Defense Counsel

Attorney Ba-young

Text

Defendants shall be punished by imprisonment for ten years.

The number of days under detention prior to the rendering of this judgment shall be 148 days, including each such sentence.

Criminal facts

Defendant 1 was sentenced to a short-term two years and six months of imprisonment for a special robbery at the Daegu High Court on January 22, 2002 and completed the execution of the sentence at the Incheon High Court on February 12, 2004; Defendant 2 was sentenced to a short-term three years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Rape, etc.) at the Seoul High Court on February 16, 2001 and completed the execution of the sentence at the Incheon High Court on January 22, 2004;

1. The Defendants are recruited jointly as follows:

A. On September 23, 2004, the Defendants ordered food at the street in front of the area (trade name omitted) located in the Gumi-si (dong name omitted) (hereinafter “Smi-si”) and ordered food to the near (trade name omitted), and the Defendants, who were to bring food to the victim Nonindicted Party 1, ordered the Defendant to leave the victim’s arms and legs beyond the floor by cutting down the victim’s head from behind the victim’s back to the house, cutting down the knife the knife to the knife the knife to the knife the knife and the knife of the knife so that the kn

B. At around 18:40 on September 25, 2004, at or near the Si (Dong name omitted) where Si (Dong name omitted) located in the vicinity of the order, Nonindicted Party 2 ordered the victim to stop the delivery from being injured by the victim and to make it impossible for the victim to resist by combining the victim’s losses and conditions with several cases where the victim, Nonindicted Party 2 prevented the delivery from being injured by the victim, and caused it to be able to resist by combining the victim’s losses and conditions, and forcibly taking them back from the victim’s main machine to deduct KRW 140,000 from the victim’s money;

C. On December 12, 2004, after having entered the room (trade name omitted) located in the Sungnam-si (hereinafter referred to as the “Saeongnam-si”) of Sungnam-si (hereinafter referred to as the “Saeongnam-si”), had the employee make the victim Nonindicted 3 unable to resist by putting his hand and salping the passengers in advance by her stringing them, 200,000 won, and force the employee to do so

D. On March 2005, 2005, in soup, making soup, making soup to the trade name fryer located in Jeonju-si, a locked person, using the key of the vehicle in front of the victim’s name and the numberless car fryer’s market price which was located on the parking lot, thefted by driving a numberless car in front of the victim’s name.

E. On March 30, 2005, 21:25, 21:30, 200 won on the roads of the livestock industry, the agricultural industry, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the femb, the fem.

2. Defendants:

A. Joint recruitment with Nonindicted 5:

(1) For the purpose of raising entertainment expenses, etc., a resolution is adopted to forcibly collect money and valuables from women's house at the new wall time;

On March 25, 2005, at around 01:30, the victim non-indicted 6's (trade name omitted); Defendant 1 entered the above heading house in advance; Defendant 2 and Non-indicted 5 opened the entrance door; Defendant 2 opened the door to the victim; Defendant 2 opened the door to the victim; Defendant 2 opened the door to the victim; Defendant 2 opened the victim's face and face; Defendant 2 opened the victim from the front door to the victim's seat; Defendant 3 opened the victim's secret number to the victim's seat; Defendant 5 opened the victim's secret number from 0 days to 0 days before the victim's seat; Defendant 5 opened the victim's secret number with the victim's secret number; Defendant 2 opened the victim's secret number with the victim's secret number without the victim's secret number; Defendant 5 opened the victim's secret number with the victim's secret number 20,00 L/C 1,000; and Defendant 1 removed this from the bar.

(2) Resolution to give money and valuables to the employees who have delivered the money and valuables after having delivered the money to the restaurant, the tea room, etc. for the purpose of raising entertainment expenses, etc.;

Around 20:30 on March 7, 2005, the Defendants ordered food at (site omitted) construction sites near the city, and (trade name omitted) around it. After the Defendants, Nonindicted 7, who were to bring food to Nonindicted 7, went out to the floor when the head, etc. was taken from Nonindicted 7’s behind to drinking, and cut down the strings of the victim’s losses and hair, and Nonindicted 5, 500 won in cash after the string the strings of the victim, cut off the 50,000 won in cash, 1st resident registration certificate, and 1st driver’s license from the 1st of the same month to the 23th of the same month, 10 times in total as indicated in the attached list of crimes (2). As a result, the Defendants were compelled to take money more than 10 times from the 23th of the same month to the 7th of the same month, and 6th of the victim’s injury to Nonindicted 8 in the attached Table 2.

(3) Resolution to steal a motor vehicle parked on the road;

around 03:00 on March 5, 2005, at the street in front of 25:00 mar, the victim non-indicted 9 used the string string of the car at the front (vehicle No. 1 omitted) string by turning on the operation of the car at the front south (vehicle No. 1 omitted) by the victim non-indicted 9, Defendant 2 and Non-indicted 5, on board the said car, and Defendant 1, on driving it, stolen the amount of KRW 10,000,000 at the market price of the car at the same time from that time to that of the same month, on three occasions in total, as shown in the list of crimes (3).

(4) At around 00:30 on March 31, 2005, the victim Nonindicted 10 was set up in front of his (vehicle number omitted) Nonindicted 11’s house, Nonindicted 10, the sentence of Nonindicted 10, the victim Nonindicted 10, who was in the old city (number omitted), in front of his own (vehicle number omitted), Nonindicted 5 reported the network, and Nonindicted 5 removed the victim from it in his hand.

B. Joint with Nonindicted 5:

At the same time and place as referred to in paragraph (4) of the above A, Nonindicted 5 reported the network, and the Defendants remove the number plate in front of the stolen low-speed car as referred to in paragraph (5) of the same 1., and attach the (vehicle number omitted) number plate to the same page as paragraph (4) of the above A., and unlawfully use the air gate registration number plate, and exercise it by operating the above vehicle;

3. Defendant 1

A. At the same time and place as the above 2. A-1-2 (1), Defendant 2 voluntarily withdrawn the victim Nonindicted 6’s vehicle from the entrance, and Nonindicted 5 committed an indecent act by forcing the victim by compulsorily inserting the victim’s sexual flag into the victim’s entrance by force by putting the hand and sculbing it into the victim’s quality, inserting the bridge, inserting the consolidated bridge, inserting the Defendant’s sexual organ into the victim’s quality, inserting it into the victim’s body, and inserting it into the victim’s body on one occasion at the time and after the same day, Defendant 2 and Nonindicted 5 moved into the victim’s card with the card owned by the victim.

(b) without a driver's license,

On March 30, 2005, from around 21:25 to 21:50 on the same day, a vehicle operated a Daegu (vehicle number omitted) car owned by Nonindicted 4, about KRW 5km from the Do in front of the livestock industry located in the Gu, Sinsi-dong, the Do in front of the livestock industry located in the Gu, Sinsi-si to the road following the Do in the Gunsi-dong.

Summary of Evidence

1. The defendant 1's partial statement consistent with the facts stated in this Court

1. Statement that conforms to the facts stated in this Court by Defendant 2

1. Some statements that correspond to the facts indicated in the protocol of interrogation of Defendant 1 prepared by the public prosecutor;

1. Statement consistent with the facts indicated in the protocol of examination of suspect as to Defendant 2 prepared by the public prosecutor;

1. Each statement that corresponds to the facts stated in the judgment in each statement made by Nonindicted 6, Nonindicted 12, Nonindicted 12, Nonindicted 2, Nonindicted 13, Nonindicted 14, Nonindicted 8, Nonindicted 7, Nonindicted 16, Nonindicted 17, Nonindicted 18, Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 22, Nonindicted 4, Nonindicted 10, and Nonindicted 23 in the preparation of the judicial police assistant.

1. Records consistent with the judgment in light of the actual investigation records prepared for handling affairs by judicial police officers;

1. Statement to the effect that the vehicle (vehicle number omitted), Nonindicted 6’s driver’s license, credit card, cash card, driver’s license, etc. was seized among the records of seizure of the preparation of the judicial police assistant (33 pages of the investigation records No. 6780)

1. The statement to the effect that the seizure of (vehicle number omitted) passenger cars, keyss, and (vehicle number omitted) front and rear license plate of the (vehicle number omitted), among the protocol of seizure prepared by the judicial police assistant (No. 2005No. 5813 of the investigation records No. 14 pages); and

1. A statement of opinion on Nonindicted 6 in the preparation of the doctor’s (name omitted) as to Nonindicted 6, each statement of opinion, consistent with the part and degree of each injury as indicated in the judgment, among the medical certificate with respect to Nonindicted 8 in the preparation of the doctor’s (name omitted), and the medical certificate with respect to Nonindicted 7 in the preparation of the doctor’s

1. Each statement corresponding to the record of criminal records against the Defendants in the preparation of Kimcheon Chief of the Police Station

1. Statement that corresponds to the previous records of the judgment in the investigation report (exploiting the expiration date of punishment) on the preparation of an investigation report of vice versa in the Daegu District Prosecutors' Office;

Application of Statutes

1. Relevant Articles and choice of punishment on the facts constituting the crime;

A. Defendants

(1) The overall robbery of the victim Nonindicted 1, Nonindicted 2, Nonindicted 3, Nonindicted 24, Nonindicted 22, Nonindicted 18, Nonindicted 19, Nonindicted 12, Nonindicted 13, Nonindicted 16, Nonindicted 15, Nonindicted 21, Nonindicted 17, Nonindicted 14, Nonindicted 20, and Nonindicted 20: Each of the joint robbery on the victim’s Nonindicted 1, Nonindicted 2, Nonindicted 24, Nonindicted 22, Nonindicted 18, Nonindicted 12, Nonindicted 16, Nonindicted 21, and Nonindicted 20

(2) Each joint larceny against the two victims of the victim’s sexual assaulted injury, Nonindicted 4, Nonindicted 9, Nonindicted 25, and Nonindicted 10: Article 331(2) and (1) of the Criminal Act

(3) Illegal use and use of a motor vehicle registration number: Article 238(1) and (2) of the Criminal Act; Article 78 Subparag. 2 of the Motor Vehicle Management Act; Article 71 of the Motor Vehicle Management Act; Article 30 of the Criminal Act

B. Defendant 1

(1) The injury by robbery against the victim non-indicted 6, non-indicted 8, and non-indicted 7: Article 337 of each Criminal Code and Article 30 of the Criminal Code

(2) Rape and indecent act by compulsion against the victim non-indicted 6: Article 5(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof; Articles 334, 297, and 298 of the Criminal Act

(c) Unlicensed driving: Article 109 subparagraph 1 of the Road Traffic Act and Article 40 (1) of the Road Traffic Act.

C. Defendant 2

The injury by robbery against the victim non-indicted 6, non-indicted 8, and non-indicted 7: Each Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 337 and 30 of the Criminal Act (where the crime of robbery, rape, etc. was committed after the completion of the execution after being sentenced to punishment due to robbery, rape

1. Commercial competition;

Defendants: Articles 40 and 50 of the Criminal Act (the crime of unlawful use of air and the crime of violating the Automobile Management Act)

1. Aggravation of repeated crimes;

A. As to the Defendants’ respective special robbery crimes, Defendant 1’s respective robbery crimes, violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc., and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by Defendant 2: Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes and the proviso to

B. As to the Defendants’ special larceny, violation of the Automobile Management Act, violation of the use of illegally used air defense, and violation of the Road Traffic Act by Defendant 1: Article 35 of the Criminal Code

1. Aggravation of concurrent crimes;

Defendants: The former part of Article 37, Articles 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act (in case of Defendant 1, the punishment provided for in the Act on the Punishment of Sexual Crimes, the Protection of Victims, etc., with the largest punishment, and the aggravated punishment provided for in the Act on the Aggravated Punishment, etc., of Specific Crimes, with respect to Defendant 2

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3);

1. Calculation of days of detention;

Defendants: Article 57 of the Criminal Act

[Attachment Form 5]

Judges Kim Kim (Presiding Judge)

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