201Gohap602, 782 (Joints), 2012Gohap344 (Joints) Special robbery

2012 initially 235, 1361 Application for a compensation order

○○, Fisheries

Residential Republic of the Philippines

Gangwon-gun, Gangwon-gun, ○○

Masung Jin-Jin, Kim Byung-Jin (prosecutions) and Kim Dok-Jin (Trial)

Attorneys Yoon Don-gu (Korean, Counsel for the defendant-appellant)

1. ○○;

Sung-nam-si, Sung-nam-si ○ Dong

2. Ma○○;

Address Cheongbuk-gun ○○

August 24, 2012

A defendant shall be punished by imprisonment for seven years.

Each rejection of the application for compensation by the applicant for compensation.

Facts of crime

Defendant, ○○○, Kim○, Kim○, Kim○○, and Kim○○ was a national figure who stays in the Republic of the Philippines (hereinafter referred to as hereinafter referred to as hereinafter referred to as “the Philippines”), and was willinged to attract and capture Korean travelers who want to travel to the Philippines, and to force them to take money and valuables.

두목인 최○○은 사장이라는 직함을 사용하면서 납치할 차량을 구하고 운전하는 등 범행을 총괄하고, 부두목 김○○은 부장이라는 직함을 사용하면서 여행객들을 유인하고 감시하는 역할을, 김○○ ( 일명 ' 재키 ' ) 은 행동대장 역할을, 피고인은 여행객들을 유인하여 납치한 후 픽업하는 역할 등을 각 담당하고, 김○○ ( 일명 ' 뚱이 ' 또는 ' 막내 ' ) 은 납치되어 온 여행객들을 권총과 정글도 등으로 위협하고 그들이 반항하는 경우 폭행하여 제지하거나 감시하는 역할을 담당하며, 성명 불상의 필리핀 여성은 피해자들이 송금한 돈을 인출해 오기로 하는 등 각자 역할을 분담하였다 .

1. The crime against the victim's dispatching ○○ (201 high chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip) on November 19, 2010: around 45, ○○○○○○○ (36 years of age) sent a cell phone chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip chip ○: ○○ on November 21, 2010 to ○○○ on October 21, 2010.

On November 21, 2010, 2010: around 00: around 00, the Defendant found the ○○○ hotel located in the Philippines Angrae and introduced Kim○ as if he was a Korean tourr.

11. From the 23:00 a.m. to the 23:00 a.m., the victim was aware of the victim by drinking alcohol while drinking alcohol with Kim○ and the victim, going to a flood area, etc. on the same day, and the victim was trying to move to matha after drinking together with the victim on the same day. Thus, the victim was able to move to matha, so that he and Kim ○○do will move to matha.m. to matha.

On November 23, 2010: at least 00, the Defendant: “Around 14, 2010, ○○○, who had been waiting to move to Mana with a deadly weapon, she was waiting to move to Mana, while leaving the victim, leaving the victim in the vicinity of the Philippines, and waiting to her place,” ○○○, who was waiting to her house, she “a fright, leaving the victim inside the house, leaving the knife, leaving the knife, leaving the victim inside the house, and pushed the victim into the living room, and ○○, upon the victim’s resistance, she kept the knife with a deadly weapon, the knife of the boiler, and she could not get out of the knife and walk the knife of the victim, and she could not get out of the knife and walk out of the following knife.

The Defendant and the ○○○○, Kim○, and Kim○○○○ continued to monitor the victims from the above time to the end of November 25, 2010, and the Defendant and Kim○○ had 2,000 U.S. dollars (an amount equivalent to KRW 2,320,00) exchanged by the victim after leaving the victim’s bank, and the maximum ○○○ was unable to create the victim with KRW 80,000,000,000,000 to the victim, and could not live. If the victim was unable to make it, he could call the victim to the victim, and call the victim to the victim, and set up an agreement to set up 70,000,000,000 won to 86:6,000,0000 won to the victim’s maximum account of the victim, and the Defendant withdrawn 2,06,000,0000 won to the victim’s account near ○○○ on November 25, 2010.

2. On March 2011, 201, the crime against the victim Gangnam-gu ○○○ (2012 Gohap344) committed against the victim (201 Ma344) was committed on the portal site “SO (www.O.com) 10 times in detail” on the Port Port site “S. Sheet,” and “I see that I am having contact with the contents,” and “I am going on the part of the victim, using the name of “○○”, called “I am going on the part of the victim and going on the part of the Republic of Korea, and agreed to go on the part of the Republic of Korea.”

On April 1, 2011, 201: 21: 00, the ○○○○○○○○○○○○○○○○○○○ in detail made the victim talks about to the vehicular destination, and the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○).

The Defendant, waiting at this place, citing the writing writing of the victim’s head, knife the victim’s head, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife the two knife with knife knife knife knife kn

The Defendant, in combination with the largest ○○○, Kim○, and Kim○○○, has 4 million won at ○○○○○○○○○○○○○○○○○○○○○○○○○, using phone banking, and 3 million won at ○○○○○○○○○○○○○○○○○○○○○, and 2 million won at ○○○○○○○○○○○○○○○○○○○○○○○○, using ○○○ card, provided cash services. The Defendant, using ○○○○○ card, called the victim’s mother, transferred the amount of KRW 1,100,948 to “an accident-related agreement is required” and “an accident-related agreement was remitted to KRW 29 million, and sold KRW 13 million to ○○○○○○○○○○○○○○○, and led the victim to withdraw KRW 105,805,00.

3. On May 2011, 201, the crime against the victim's labor force ○○ (201Gohap602) was committed against the victim's labor force ○○ (32 years of age) ○○○○○○ in the Port Site of this portal site " www.O.com)" on the trip page "○○○○," and the victim was working for the victim for four years from the ○○ Heavy Industrial Materials Management Team located in the Republic of Korea big data. 5.

15. From 15. He wanted to play water in the second place. On arrival in the detail of the Philippines, I agreed to communicate with the victim by sending the phone number to the side.

On May 15, 2011, the Defendant: (a) sought an explanation of a criminal plan at a nearby coffee shop, “○○○○○○○○○○○, Kim○○, and Kim○○○○, which is in the detailed city of the Philippines; (b) sought an explanation of the criminal plan from only the lowest ○○○, and Kim○○; (c) induced the victim to leave the vehicle to move the vehicle to the vehicle by inducing the victim; (d) had the Defendant and Kim○, ○○, and Do○, detained the victim on the vehicle; and (e) forced the victim to transfer cash from the relative of the victim in the Republic of Korea to force the victim on the vehicle; and (e) sought to commit the crime by taking part

On May 18, 2011, the maximum ○○○ and Kim ○○○○○○○ in detail in the Philippines around 00: around 00, “○○○○○○○○○○○○○○○ in detail in the Philippines, and the maximum ○○○ driving of a UV vehicle on the numberless seat, while Kim ○○ driving of a vehicle on the back seat, approximately 10 minutes of the victim’s boarding on the road, “○○○○○○○○ and Kim ○○ on the road in which the victim was born on the back seat.”

The highest ○○○ is to cut the knife knife at the bottom of the driver’s seat to knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife in the face of the victim, and knife knife knife knife knife knife knife knife knife knife knife knif.

Then, in the above house, the Defendant exceeded clothes from the victim with the largest ○○, Kim○, and Kim○, and had the victim look at blue tape prepared in advance, hived the victim’s arms and legs, and hived the victim’s arms and legs, and hived on May 21, 2011, and detained the victim by not later than 00. The maximum ○○ was under command from the victim. The victim was under command. The victim was not under command, she should have the victim died if she was under command, she was under the name of 30,000 won, 10,000 won, 10,000 won, 30,000,000 won, 10,000,000 won, and 10,000,000,000 won, and 30,000,000,00 won, more than the market value of the victim’s money and valuables from the Republic of Korea.

Accordingly, the Defendant, in collaboration with the largest ○○, Kim○, and Kim○○, carried a deadly weapon as above, led to the suppression of the victim’s resistance, and took money and valuables worth KRW 23 million from the victim.

4. Around July 20, 2011, 201, ○○○○○○ (27 years of age) of the victim, on the part of the victim, committed the crime against the victim, the ○○○○ (2012 Gohap344), Kim○, on the portal site OO (www. O.O.com) reported that “the travel of the Philippines is livering out, the contact point with the contents of “the contact point” was set out in the Port site, and the victim’s phone calls to the victim with the same defect in the Philippines, and agreed to talk with the details of the Philippines.

On July 27, 2011, the Kim○-○ has been driving a luxan airport located in the territory of the Republic of Korea on July 27, 201, in which the Republic of Korea (hereinafter referred to as the “SUV”), that the victim met or “the third village goes off the house,” thereby bringing the victim into a general house on the part of a luxane located in the luxan island in the Republic of Korea (hereinafter referred to as the “SUV”).

At this point, Kim○-○, who was moving the victim’s hand, led the victim’s hand, and was waiting there, threatened the victim’s door to the door door by putting the flick, putting the flick on the room room, putting the eye into a tape, putting the two shots into a hacks, and then putting the victim under surveillance until July 31, 201.

The Defendant, in collaboration with the largest ○○○, Kim○, Kim○, Kim○, and Kim○○, took 600,000 won for traveling expenses for the victim’s possession after suppressing the victim’s resistance as above, and had the victim take 7 million won in ○○ Bank, 596, 503 won, 10 million won in ○○○ Card, and 2, 217, 816 won in ○○ Card, and 95, 973 won in ○○ Card, and cash services. The Defendant took 30,210,210,292 won in ○○ Bank by having the victim take out each of the above money transferred from cash withdrawal machines in detail in the Philippines to the account of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of each of the accused in the second and sixth trial records;

1. Legal statement of the witness Kim ○○;

1. In the sixth trial record, the statement of the witness ○○○ is made; and

1. Statement No. ○○ in the third police interrogation protocol against the defendant (a substitute)

1. Copy of each police statement on ○○, ○○, and ○○○;

1. Each investigation report by the prosecution (verification of the details of return of victim's belongings and report on telephone communications by the police officer in charge);

1. Each police investigation report (in relation to calculation of the amount of damage to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 334(2) and (1), and Article 333 of the Criminal Act. Article 333 (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes of Special Robbery in relation to Do○○○○ of Victims with the largest penalty)

1. Dismissal of an application for compensation order;

Articles 32(1)3 and 25(3)3 and 4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (each application for compensation by an applicant for compensation is dismissed since the scope of the defendant's liability for compensation is not clear and it is deemed inappropriate to issue an order for compensation in the criminal proceedings).

1. The grounds for sentencing: Imprisonment with prison labor for not less than five years but not more than 45 years;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes (special robbery in paragraph (2) of the holding);

[Determination of Type] Robbery. General Criteria (Type 2, Special Robbery)

【General Adopteds】

○ Mitigation elements: Petty, serious reflective elements

[Scope of Recommendation] Basic Area: Imprisonment for 3 years to 6 years

(b) Class 1 and 2 concurrent crimes (special robberys in paragraphs 1 and 4 of the holding);

[Determination of Type] Robbery. General Criteria (Type 2, Special Robbery)

【General Adopteds】

○ Mitigation elements: Petty, serious reflective elements

[Scope of Recommendation] Basic Field: Imprisonment from 3 years to 6 years; 3 concurrent crimes (Special Robbery in Paragraph 3 of the Decision)

[Determination of Type] Robbery. General Criteria (Type 2, Special Robbery)

【Special Convicted Persons】

○ Reduction Elements: Non-conformity of Punishment

【General Adopteds】

○ Mitigation elements: Petty, serious reflective elements

[Scope of Recommendation] Reduction Areas: Imprisonment of two years and six months to four years (pre-determinations according to the applicable sentences in law);

(c) The standards for handling multiple crimes: Five to eleven years of imprisonment (the lowest limit shall be adjusted according to the applicable sentences under the law, and the maximum of the sentence for recommendations for basic crimes (six years) 1/2 (three years), 1/3 (two years) of the maximum of the sentence range for concurrent crimes;

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3. Determination of sentence: The defendant, in collusion with other accomplices, took part in the crime of this case in accordance with the prior plan on the method of attracting tourists and sharing roles; the crime of this case was selected against many and unspecified persons who intend to travel to the Philippines through the Internet site; the victims were able to be locked and locked in the course of the crime, and the method of the crime is highly dangerous and cruel; the victims suffered from the crime is highly dangerous and cruel; the victims are expected to suffer from mental and physical pain; the transfer of money from the victims as well as their family members or those who want to get loans from financial institutions and cash services even; and the amount of damage is 110 million won in total and up to three million won in consideration of the fact that the victims were detained in the process of the crime.

However, the maximum ○○○○ and Kim○○, who is the principal offender, planned and prepared the instant crime in a close manner, and the Defendant appears to have acted in accordance with his direction, etc., and the degree of participation and contribution to the instant crime is relatively not more severe; the Defendant was unable to fully repay KRW 10,000,000 from the maximum ○○○○○, and thus, he appears to have been involved in the instant crime by his intimidation; the Defendant’s personal gains seems not to be much high; the Defendant’s agreement with the victim ○○ appears to have reached an agreement with the victim ○○; the Defendant did not have any history of criminal punishment other than twice other than the fine (violation of the Road Traffic Act, violation of the Labor Standards Act) and other sentencing conditions, such as the Defendant’s age, family relations, and actions after the commission of the crime, shall be

Judge Park Jong-chul

Judge Maump

Judges Lee Lee-hoon