A. Matters concerning the punishment of sexual crimes, protection of victims thereof, etc.

Violation of law (Special Robbery, Rape, etc.)

(b) Injury by robbery;

(c) Special robbery;

(d) Special larceny;

(e) Violation of the Specialized Credit Financial Business Act (Partial Revocation of Public Prosecution);

(f) Larceny;

(g) An attempted special robbery.

(h) Robbery reserve forces;

1. A. (a.D. 000 (58********)**

(f) g).

2. A. (a.D. 000 (77********).

(e) Baa;

3.(b).(c)(d)(e) 000 (77*********).

(h)

00

Attorney Park 000 (Law No. 1050, Jun. 1, 200)

Attorney Park 000 (Law No. 6050, Mar. 2, 200)

Law Firm 000 Law Offices, Attorneys Park 000 (Defendant 3)

December 8, 2006

Defendant 1 shall be punished by imprisonment for twenty years, by imprisonment for fifteen years, and by imprisonment for three years and six months, respectively.

The 127 days of detention prior to the rendering of this judgment shall be included in the above sentence against Defendant 1, and the 122 days shall be included in the above sentence against Defendant 3.

Criminal History Office

Defendant 1 was sentenced to five years of imprisonment with prison labor for rape, injury, etc. at the 00 District Court on * October 1997, and the execution of the sentence has been terminated in the 00 prison on * October 1902, * October 1003, * June 1 year and 6 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (even at night - joint conflict) at the 00 District Court on * January 1903 * the above judgment became final and conclusive * September 2098 * October * 2000 after having been sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the 00 District Court on * October 200, * June 1903 * June 200 * the person who was sentenced to six years of imprisonment with prison labor with prison labor at the 00 District Court on * June 2000 ** the person whose judgment becomes final*

1. The Defendants are jointly incorporated.

A. On February 7, 2003, at around 17:45, Defendant 2 possessed a knife, mask, tape, etc. prepared in A at the above 00 skin management room, and Defendant 2 first enters the above knife inside the above knife management room to prevent the victim A (the 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 knife knife knife knife knife knife knife knife k.

B. (1) On February 21, 2003, at around 11:30 on February 21, 2003, Defendant 3 and 1 enter the above 00 Skin shop with the victim B and his employees, first, into the above 170 Skin shop with the knife, which is an object dangerous to the victim B and the victim who is his employee (the 24 years old), and “nickly, sound, sound, dead, etc.,” and threaten the victims into the above knife the victim’s entry and loss, etc.; Defendant 2 took the entrance into the above knife of the victim into the above knife of the victim; Defendant 3 and the victim’s escape; Defendant 3 and the victim’s escape was prevented; Defendant 170,00 won in cash from the victim B; 170,000 won in credit cards; 10,000 won in cash, agricultural credit cards, and 10,000 won in cash cards.

(2) After examining B’s identification of the password of the forceful card as referred to in the preceding paragraph, Defendant 1, at the above A to monitor B and C, Defendant 2 and Defendant 3, at the near bank, conspired to steal cash by using the Ga card, and Defendant 2 and Defendant 3, at the 00 point of the victim 0 bank located in the above B, at the 00 point of the victim 2 and Defendant 3, at the 00 point of the above B, at the 4,000,000, and at the 50,000,000, respectively, by inserting the NA card and withdrawing the deposit, using the Ga card as described in the preceding paragraph, at the 4,50,000 cash owned by the victim 0 bank, and using the EL card as above.

C. On March 2003, Police Officers kept their blades, tapes, caps, Mascks, locks, etc. to be used for committing the crime for the purpose of taking money or goods in the mutual sponsor of C, and make preparations for robbery, such as taking into account the surrounding circumstances, at the same time;

2. Defendants 1 and 2 jointly

가. (1) 2002. 12. 20. 14:00경 D 소재 피해자 (여,46세) 운영의 00 피부관리실에서 미리 준비한 칼, 마스크, 테이프 등 범행도구를 각 소지하고, 피고인 2가 먼저 위 피부관리실 안으로 들어가 위험한 물건인 칼(길이 약 20센티미터가량)로 피해자 丁과 종업원인 피해자 戊(여,37세)을 찌들듯이 겁을 주고, 미리 준비한 테이프로 피해자들의 얼굴과 손목 등을 묶고, 피고인 1은 피고인 2를 뒤따라 위 피부관리실로 들어가 출입문을 잠그고 피해자들이 도망가지 못하게 감시하는 등 위세를 가하여 피해자들의 반항을 억압한 다음 피해자 丁으로부터 현금 300,000원과 예금통장 1장을, 피해자 戊로부터 국민은행 신용카드 1장을 빼앗아 이를 각 강취하고, 피해자들에게 욕정을 일으켜 그 자리에서 피고인 1은 피해자 戊의 하의와 팬티를 강제로 벗기고, 피해자 戊의 음부에 손가락을 집어넣고 성기를 꺼내어 위 피해자의 입에 대고 빨게 하는 등 피해자 戊를 강제로 추행하고, 피고인 2는 피해자 의 옷을 강제로 벗기고 자신의 성기를 꺼내어 피해자 丁의 음부에 삽입하는 등 1회 간음하여 피해자 丁을 강간하고,

(2) 피고인들은 전항과 같이 강취한 카드 비밀번호를 피해자 戊로부터 알아낸 다음 피고인 1은 위 가게에서 피해자들을 감시하고, 피고인 2는 인근 은행으로 가 카드를 이용하여 현금을 절취할 것을 공모하고, 전항 기재 일시에 위 D 소재 피해자 00은행 상호불상 지점에서 피고인 2는 그 곳에 설치되어 있는 현금인출기에 전항과 같이 강취한 국민은행 신용카드를 넣고 그 비밀번호를 입력하여 현금서비스를 받는 방법으로 위 피해자 00은행 상호 불상 지점 소유의 현금 2,000,000원을 인출함으로써 이를 절취하고, 강취한 신용카드를 사용하고,

B. On March 26, 200, at around 18:00 on the first and second day of E, a female victim's name in the same manner as paragraph (1) of the above A-mentioned paragraph (1) shall be compelled to take custody of one gift certificate and one thousand cash from the above victim, and Defendant 1 shall take the victim's bridge so that the victim may not resist. Defendant 2 shall have sexual intercourse with the victim by taking his sexual organ into the victim's sound book and inserting it into the victim's sound book on March 26, 200. (1) On March 26, 200, around 18:35, 200: F victim's (at around 37 years old) in the management room, the victim's driver's license shall be forced to take custody of the victim's members in the same manner as paragraph (1) of the above A-mentioned paragraph (1) and in the same manner as the victim's member's license, Defendant 1 shall be forced to take custody of one victim's own credit card and one hundred five billion won, one credit card.

(2) The Defendants, as stated in the preceding paragraph, discovered the password of the forceful card from the equity capital, and then Defendant 1 had a large surveillance. Defendant 2 recruited to steal cash using a virtual card to a nearby bank. Defendant 2, at the nearest bank near the above F at the time and time stated in the preceding paragraph, deposited the Daegu Bank Security Credit Card and then entered the password in a cash withdrawal machine installed at that place and then received cash service, then then cut off cash owned by the victim’s trade name by withdrawing KRW 3,70,000,00 in cash owned by the nearest bank, and using the strong credit card.

D. (1) At around 12:00 on March 203, 200, the Defendants: (a) detained two half of the victims’ names and unclaimed boxes, a female victim, in the manner described in paragraph (1) of the above A; (b) forcibly taken one credit card and one amount of cash from one of the victims; and (c) Defendant 1 caused the victims’ desire to take part in the victims; (d) rape the victims by having sexual intercourse with each other by monitoring the victims and inserting their sexual organ into the sound book of the victims; and (b) Defendant 2 raped the victims by taking part in the victims’ sexual organ;

(2) The Defendants discovered the password of the card taken by force from the victims as referred to in the preceding paragraph, and then Defendant 1 attempted to monitor the above victims at the above store, and Defendant 2 conspired to steal cash using a provisional card with a neighboring bank. Defendant 2 entered the credit card taken by the victim in the vicinity of the above section management room at the time and time and time in the above section in the above section in the cash withdrawal machine installed, and withdrawn KRW 4,00,000,000 in cash owned by the victim’s mutual aid bank.

E. On April 2003, in the mutual influence room located in H’s building, Defendant 1 had the victim’s name influences against the resistance of the victim’s name in the same manner as subparagraph A(1) and had the victim forced the victim to withdraw money from the above victim. However, the victim did not have any money, and the victim’s desire was not achieved, and the victim’s desire was committed. Defendant 2 raped by having sexual intercourse with the victim one time by taking his sexual organ into the victim’s negative organ and inserting it into the victim’s negative organ.

F. (1) On April 2003, 200, Defendant 1 forced the victims to put his hand in one copy of the victim's name, cash, 600,000 won, credit card receipt, etc., and forced the victims to force the victims to enter the above victim's injury by taking the victim's sexual organ into force. Defendant 2 forced the victims to put her hand into one part of the victim's personal organ, and forced the victims to put her hand in two part of the above victims' second part of the victims' second part by force. Defendant 2 committed indecent acts by force; Defendant 2 forced the victims to put her hand into two parts of the above victims' second part of the victims' second part.

(2) The Defendants discovered the password of the card taken by force from the victims under the preceding paragraph, and then Defendant 1 attempted to monitor the above victims at the above store, Defendant 2 conspired to steal cash by using a provisional card with a neighboring bank. Defendant 2 entered the credit card obtained by force in a bank near the above section management room at the time and time, and entered the password in the cash withdrawal machine installed at the above section, and then cut this out by withdrawing the amount equivalent to the amount of cash non-bank owned by the above victims from the non-bank bank.

사. (1) 2003. 5. 22. 21:30경 J 소재 피해자 庚(여, 40세) 운영의 00 피부비만관 리실에서 위 가.의 (1)항과 같은 방법으로 피해자의 반항을 억압한 다음 피해자로부터 현금 100,000원, 국민은행 신용카드, 주민등록증 각 1장, 경남은행 직불카드 각 2장을 빼앗아 이를 강취하고, 피해자에게 욕정을 일으켜 피해자에게 '만일 신고를 하게되면 주민등록증을 내가 가지고 가니 너의 집도 알고 가만두지 않겠다'고 협박하여 피고인2는 자신의 성기를 꺼내어 피해자의 음부에 삽입하는 등 1회 간음하고, 피고인 1도 같은 방법으로 1회 간음하여 피해자를 강간하고, 그 과정에서 피해자로 하여금 치료기 일불상의 다발성 좌상의 상해를 가하고,

(2) 피고인들은 전항과 같이 강취한 카드 비밀번호를 庚으로부터 알아낸 다음 피고인 1은 위 가게에서 庚을 감시하고, 피고인 2는 인근 은행으로 가 카드를 이용하여 현금을 절취할 것을 공모하고, 전항 기재 일시경 위 J 소재 피해자 00은행 00지점에서 피고인 2는 그 곳에 설치되어 있는 현금인출기에 전항과 같이 강취한 경남은행 직불카드를 넣고 그 비밀번호를 입력하여 위 피해자 00은행 00지점 소유의 현금 2,000,000원을 인출함으로써 이를 절취하고,

아. (1) 2003. 6. 4. 20:40경 K 소재 선두빌딩 3층 피해자 辛(여, 25세)이 종업원으로 근무하는 00 피부관리샾에서 제1의 가. (1)항과 같은 방법으로 피해자 辛 및 손님인 피해자 任(여,44세)의 반항을 억압한 다음 피해자 辛으로부터 현금 720,000원, 엘지신 용카드, 삼성신용카드, 한빛현금카드, 농협현금카드 각 1장을, 피해자 任으로부터 현금 30,000원, 엘지신용카드 1장을 빼앗아 이를 각 강취하고, 피해자들에게 욕정을 일으켜 피고인 1은 자신의 성기를 꺼내어 피해자 辛의 음부에 삽입하는 등 1회 간음하여 피해자 辛을 강간하고, 피고인 2는 피해자 任의 음부에 강제로 손을 넣어 만지는 등 피해자 任을 강제로 추행하고,

(2) After the Defendants discovered the password of the card taken by force from the above victims as mentioned in the preceding paragraph, Defendant 1 shall monitor the above victims, Defendant 2 shall invite them to steal cash by using a family card with the neighboring bank, and Defendant 2 shall, at the point of 00 of the above K at the point of 00 bank located in K at the time indicated in the preceding paragraph, enter the EL credit card and Samsung Credit Card into the cash withdrawal machine at the point of 00 bank located in that place and receive cash service by entering the secret number into the cash withdrawal machine, and then use the 3,500,000 cash account at the 00 bank located in the victim, and use the EL credit card and Samsung Credit Card, respectively.

3. Defendants 1 and 2 jointly

가. (1) 2003. 1. 3. 11:55경 L 소재 피해자 癸(여,35세) 운영의 00 피부관리실에서 제2의 가. (1)항과 같은 방법으로 피해자의 반항을 억압한 다음 피해자로부터 현금100,000원, 외환은행 비자카드, 국민은행 비자카드, 현대 비자카드, 현대백화점카드, 삼성캐피탈카드, 부산은행 직불카드, 세이콤카드, 운전면허증 각 1장을 빼앗아 이를 강취하고,

(2) After finding out the password of the above victim as stated in the preceding paragraph, Defendant 1 shall monitor the above victim, and Defendant 2 shall invite him to steal cash using a family card with a nearby bank. Defendant 2 shall, at the time and time stated in the preceding paragraph, put the Samsung Capital Card, which was taken by inserting its password at a point near the above section management office, and then take out cash 2,800,000 won owned by the victim through the method of receiving cash services by entering the secret number into the above 00 bank's cash 2,80,000,000 won in the above 00 bank. The defendant 2 shall take it out by inserting the above 3,00,000 won by entering the above 3,00,000,000 won by entering the new card and receiving the cash services, and withdrawal of the above 20,000 won by entering the new card, 200,000 won by entering the new card, 200,000 won by entering the new card.

B. (1) At around 17:00 on March 17, 200, the victim of M [A] (the age of 26] at the 00 skin management office where he works as an employee, under the same method as subparagraph (a) and (i) of Article 2-A, the victim’s resistance was voltaged by the above victim’s resistance from a national bank card, Nong Bank, Nong Bank, Nong Bank, Nong Bank’s debit card, citizen bank debit card, Busan Bank’s debit card, Busan Bank’s debit card, Hana Bank’s debit card, Hana Bank’s debit card, and Hana Bank’s debit card, 18 case gold cover amounting to KRW 90,00 per market value, KRW 175,00 per market value, KRW 120,00 per cash, and KRW 120,000 per 14 case.

(2) The Defendants, as stated in the preceding paragraph, found out of the above victim's identification number of the card taken by force from the above victim; Defendant 1 shall monitor the above victim; Defendant 2 conspireds to steal cash using a family card with a nearby bank; Defendant 2, in that it is 00 bank located in the above M at the time of the date and time indicated in the preceding paragraph, Defendant 2 entered the national bank card which was taken by force as stated in the preceding paragraph in the cash withdrawal machine at that place, and then withdrawn cash 2,00,000 won in the way of receiving cash service by entering the password and receiving cash service; and Defendant 2 used the above credit card which was taken by force.

다. (1) 2003. 4. 8. 20:30경 N 소재 00 피부관리실에서 제2의 가. (1)항과 같은 방법으로 피해자 [乙](여, 34세), [丙](여, 23세), [](여, 26세), [戊](여, 32세)의 반항을 억압한 다음 피해자 []로부터 현금 20,000원, 엘지카드, 비씨카드, 현대카드, 삼성카드 각 1장을, 피해자 [丙]으로부터 10만원권 자기앞수표 1장 및 현금 40,000원을, 피해자 [丁]으로부터 현금 40,000원을, 피해자 [戊]로부터 휴대폰 1대 시가 450,000원 상당을 빼앗아 이를 각 강취하고,

(2) The Defendants, as described in the preceding paragraph, discovered from [B] the secret number of the card drawn up by force, and then Defendant 1 checked at the above store [B]; Defendant 2 conspired to steal cash with a nearby bank; Defendant 2, at the point near the above 00 bank's trade name in the above 00 bank near the above 00 bank, Defendant 2, at the point of the above 00 bank's trade name in the above 00 bank near the above 00 bank's trade name in the above 00 bank, entered the EL card and Samsung Card and then withdrawn the above 1,100,000 won in cash from the above 00 bank's trade name in the above 1,100 bank's trade name and then use the forceed credit cards;

라. (1) 2003. 4. 23. 11:00경 0 소재 피해자 [己](여, 28세), [庚](여, 25세)이 종업원으로 근무하는 00 피부관리실에서 제2의 가. (1)항과 같은 방법으로 피해자들의 반항을 억압한 다음 피해자 [己]로부터 국민은행 비씨카드, 우리은행 비씨카드 각 1장을, 피해자 [庚]으로부터 우리은행 신용카드, 우리은행 직불카드, 부산은행 직불카드, 주민등록증 각 1장을 빼앗아 이를 각 강취하고,

(2) The Defendants, as stated in the preceding paragraph, discovered out of the above victims the passwords of the card taken by force, and then Defendant 1 checked the above victims, and Defendant 2 conspired to steal cash using a family card with the neighboring bank. Defendant 2, at the time and time stated in the preceding paragraph, from the victim 0 bank at the victim 0 bank at the time and time indicated in the preceding paragraph, posted the card and the bank bsck card with the strong amount of KRW 1,700,000 in cash owned by the victim 00 bank and received cash services by entering the passwords into the cash bsck, such as the preceding paragraph, at the time of cash withdrawal at the victim 20 bank, and use the strong credit card.

마. (1) 2003.5.2. 21:40경 P 소재 00 피부관리실에서 제2의 가. (1)항과 같은 방법으로 손님인 피해자 [辛](여,36세)의 반항을 억압한 다음 피해자로부터 비씨카드와 엘지카드 각 1장, 부산은행 직불카드 각 3장, 현금 50,000원을 빼앗아 가 이를 강취하고, (2) 피고인들은 전항과 같이 강취한 카드 비밀번호를 위 피해자로부터 알아낸 다음 피고인 1은 위 가게에서 위 피해자를 감시하고, 피고인 2는 인근 은행으로 가 카드를 이용하여 현금을 절취할 것을 공모하고, 전항 기재 일시경 위 피부관리실 부근 피해자 상호불상 은행에서 피고인 2는 그 곳에 설치되어 있는 현금인출기에 전항과 같이 강취한 비씨카드, 엘지카드, 부산은행 직불카드를 넣고 그 비밀번호를 입력하여 위 피해자 상호불상 은행 소유의 현금 3,940,000원을 인출함으로써 이를 절취하고,

4. Defendants 1 and 2 jointly

A. A. Around 11:00 on the first and second day of December 2002, at the family house of 2nd floor, Defendant 2 entered the above family house of 2nd floor to the above family house, and in the knife (the length of 20 centimeters) which is dangerous goods. Defendant 1, in combination with this, threatened the victim’s resistance and forced withdrawal of money and valuables from the victim, but the victim was likely to arrest the knife and sound of the victim, so the escape was not achieved, and the escape was not committed to attempted at that place.

B. Around the end of December 2002, at the third floor of the R-owned building, the victim's non-indicted 2-A, who was female in the same manner as paragraph (1) of Article 2-A, shall be compelled to withdraw money and valuables from the above victims, and the victim's fear that the victim's non-indicted 2 will face a sound, and thus, the victim's escape could not be achieved at that place, and the victim's non-indicted 2-A (1) could not escape. At that place, the victim's non-indicted 2-A (1) at the non-indicted 2-A (the date of February 2003, the victim's non-indicted 2-A), who was female in the same manner as the victim's cell phone, and voluntarily withdrawn money and valuables from the victim. However, the victim's cell phone did not intend to flee at that place, and the victim's voice that "on the victim's mobile phone" will bring about the victim's arrest.

D. At around 20:00 on the first day of March 2003, at around 20:20, at the 3rd floor of the 5th floor building located in T, the victim's name in the same manner as Paragraph (1) of Article 2-A at the 5th floor management office, and the victim's name in the same manner as Paragraph (1) led to the suppression of the resistance of the victim's name in favor of the victim, who was women in the same place, and attempted to receive money from the above victims, but there was concern that customers' too many pressures are difficult and are likely to be arrested, and the escape was not

E. At the end of March 2003, the Ministry of Trade, Industry and Energy, located in the second floor of the 3rd floor of U.S. building in the same manner as Section 2-A(1) of Article 2-a(1), and the Minister of Land, Industry and Energy forced a female victim to voluntarily withdraw money from the above victim. However, there is no money for the victim, and there is concern that there is concern that there is no money for the victim, and that there is concern that the human body might be arrested at the victim's house located in the above 3rd floor of the 3rd floor of U.S., and the escape was not achieved

5. Defendants 1 and 2 jointly

On March 3, 2003, Police Officers held their knife, tape, cap, Mask, Mask, lock, etc. to be used for committing the crime for the purpose of taking money or goods at the nife management office located in V, and prepared robbery, such as taking into account the surrounding circumstances.

Summary of Evidence

[Judgment of the court below excluding the previous convictions]

1. Statement corresponding thereto made by Defendant 3 in this Court; 1. Statements corresponding thereto made by Defendant 1 and 2 in this Court; 1. Statements corresponding thereto made by Defendant 1 and 2;

1. 사법경찰리 작성의 수사보고(戊 전화진술청취) 중 이에 부합하는 기재

1. Photographs (40) of the preparation of the judicial police assistant, a survey report on actual condition, photographs (18), each yellow survey report, each CCTV photograph, a survey report on actual condition, and field photograph (435), each description corresponding thereto among the photographs of the place of crime, and each photographic image;

1. A statement consistent with the report on the occurrence of an injury by robbery (359 investigation records) in preparation of a judicial police assistant, investigation report (2 gene identification results of a suspect, 552 investigation records);

1. A statement corresponding to requests for genetic appraisal (23 copies of investigation records) in response to requests made by the director of the National Institute of Scientific Investigation into Science;

1. 의사 000 작성의 庚에 대한 상해진단서 중 이에 부합하는 기재

[At the time of sale]

1. Each description corresponding to the criminal records of defendant 1 and 2;

1. Investigative report prepared by the Daegu District Prosecutors' Office in charge of prosecutor's office, and records corresponding thereto;

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant 1: Articles 337 of each Criminal Act, Article 30 of the Criminal Act, Articles 334(2) and (1), 333 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 30 of the Criminal Act, Article 70(1)4 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Article 5(2) of the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act, Article 5(2) of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof, Article 297 of the Criminal Act, Article 329, Article 30(1) and (3) of the Criminal Act, Article 334(3) of the Criminal Act, Article 329, Article 324(3) of the Criminal Act, Article 324(3) of the Criminal Act

(b) Defendant 2: Article 337 of each Criminal Act, Article 30 of the Criminal Act, Article 334(2) and Article 333 of the Criminal Act, Article 331(2) and Article 331(1) of the Criminal Act, Article 70(1)4 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Articles 343 and 30 of the Criminal Act, Article 5(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Article 298 of the Criminal Act, Article 5(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 297 of the Criminal Act, Article 329, Article 30 of the Criminal Act (the point of each special robbery), Article 34 of the Criminal Act, Article 30 of the Special Robbery, Article 30 of the Criminal Act, Article 324 of the Criminal Act, Article 3137 of the Criminal Act

1. Commercial competition;

가. 피고인 1, 2 : 각 형법 제40조, 제50조 [(1) 각 피해자 乙, 丙에 대한 각 특수강도죄 상호간, 각 범정이 더 무거운 피해자 乙에 대한 특수강도죄에 정한 형으로 처벌(2) 각 피해자 庚에 대한 성폭력범죄의 처벌 및 피해자보호 등에 관한 법률위 반(특수강도강간등)죄와 피해자 庚에 대한 강도상해죄 상호간, 각 형이 더 무거운 성폭력범죄의 처벌 및 피해자보호 등에 관한 법률위반(특수강도강간등)죄에 정한 형으로 처벌

(3) 각 피해자 [乙], [丙], [丁], [戊]에 대한 각 특수강도죄 상호간, 각 범정이 가장 무거운 피해자 [戊]에 대한 특수강도죄에 정한 형으로 처벌(4) 각 피해자 [己], [庚]에 대한 각 특수강도죄 상호간, 각 범정이 더 무거운 피해자 [庚]에 대한 특수강도죄에 정한 형으로 처벌]

(b) Defendant 3: Articles 40 and 50 of the Criminal Act (the punishment imposed on B and C, each special robbery committed against B and C, the crimes of which are more severe, shall be imposed)

1. Selection of punishment;

(a) Defendants 1 and 2: Each imprisonment with prison labor for the crime of robbery, injury by robbery, each special robbery, each crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special robbery, rape, etc.) and each special robbery, and each crime of violation of the Specialized Credit Financial Business Act shall be selected, and Defendant 3 shall be sentenced to imprisonment for each crime of robbery, injury by robbery, and special robbery, and each choice of imprisonment with prison labor for the crime of violation of the Specialized Credit Finance Business

1. Aggravation for repeated crimes;

(a) Defendant 1: Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes (Provided, That the limits under the proviso to Article 42 of each Criminal Act shall apply to the crimes of robbery, injury by robbery, each special robbery, each violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof, etc. (special robbery, rape, etc.) and each special robbery);

(b) Defendant 2: Within the limits of the proviso of Article 42 of each Criminal Act with respect to the crimes of robbery, injury by robbery, each special robbery, each violation of the Act on the Punishment of Sexual Crimes, Protection of Victims Thereof, etc. (special robbery, rape, etc.) and each special robbery under Article 35 of the Criminal Act;

1. Handling concurrent crimes;

(a) Defendant 1: The latter part of Articles 37 and 39(1) of the Criminal Act [mutual violation of the Punishment of Violences, etc. Act (at night) of the first head of the judgment that became final and conclusive with each of the above crimes]

(b) Defendant 2: The latter part of Articles 37 and 39(1) of the Criminal Act (mutual between the crimes of robbery, injury, etc. in the first head of the judgment which became final and conclusive with the above crimes);

1. Aggravation for concurrent crimes;

가. 피고인 1, 2 : 각 형법 제37조 전단, 제38조 제1항 제2호, 제50조[각 형, 죄질, 범정이 가장 무거운 피해자 辛에 대한 성폭력범죄의 처벌 및 피해자보호 등에 관한 법률위반(특수강도강간등)죄에 정한 형에 형법 제42조 단서의 제한 내에서 경합범 가중]

(b) Defendant 3: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed in the crime of robbery and bodily injury with the largest punishment);

1. Discretionary mitigation;

Defendant 3: 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., the degree of participation by the criminal defendant in the crime of the above defendant is relatively minor

1. Inclusion of days of detention in detention;

Defendant 1 and 3: Article 57 of the Criminal Act

Judgment on Defendant’s argument

Defendant 3 and his defense counsel asserted that Defendant 3 had a weak mental and physical condition by drinking at the time of robbery, injury, or robbery against A, and thus, according to the records of this case, the defendant was found to have drinking at the time of the crime, but in light of the circumstances of the crime, means, and the defendant's behavior after the crime, etc., it cannot be seen that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime. Thus, the above assertion is rejected.

The reason for sentencing is that the Defendants prepared the criminal attempt to commit the crime in advance, such as the knife, tape, mast, lock, cap, mother and child, and planned in advance the subject of the crime, the division of the act, etc. to commit robbery and rape mainly against the skin management room operated by women, and committed robbery and rape. The special robbery crime committed 8 times and the robbery committed 7 times, and the victim of sexual assault was 13 and 40 million won. Defendant 1 and 2 led the other party to commit the crime. However, in the case of Defendant 1, the defendant 1 proposed that the defendant committed the crime in this case as the oldest person among the defendants, managed the property acquired by the crime, conducted rape or indecent act by force against a considerable number of victims, and it is difficult to take into account the degree of direct participation of the victims of the crime by taking into account the degree of the crime directly participating in the crime.

Meanwhile, even though Defendant 1 had been sentenced to 15 years prior to the instant crime due to rape and murder, and 5 years of imprisonment due to rape, etc., he again constitutes a repeated crime under the Act on Special Cases concerning the Punishment of Specific Emotional Crimes, and the Defendant does not take any measures to prevent the victims from committing the instant crime and to recover the damage even though he had committed such serious crimes, and the Defendant does not have to take any measures to prevent the victims from committing the instant crime, taking account of the fact that he has taken part in the instant crime, and the Defendant 2 has committed the instant crime with the intent to easily punish the victims. In the case of Defendant 2, he directly committed the instant crime, and has not taken any measures to recover the damage, and even after the instant crime, he/she committed the same act by intrusioning the management room, etc., and he/she committed the instant crime with the same type of imprisonment for a prison term of six years, taking into account the fact that he/she committed the instant crime, and the Defendant was sentenced to imprisonment with prison labor for the same crime as the instant crime.

The assistant judge of the presiding judge;

It is impossible to name or seal as a judge, Gu resident education order.

The presiding judge

Judges Nono-Sa