Whether the crime of robbery is established in cases where rape was committed before the commission of robbery was commenced but the robbery was completed (affirmative)

The crime of robbery and rape in Article 339 of the Criminal Act is established when a robbery is raped in an opportunity to robbery. It includes the case where the robbery was commenced but the robbery has yet to be completed.

Article 339 of the Criminal Act

Defendant

Defendant

Attorney Choi Do-young

Daegu High Court Decision 84No541 delivered on July 13, 1984

The appeal is dismissed.

The number of detention days after the appeal shall be included in the calculation of the original sentence.

The grounds of appeal are examined.

1. As to the grounds of appeal by defense counsel

The crime of robbery and rape under Article 339 of the Criminal Act is established when a robbery commits rape in an opportunity to robbery. The robbery commenced but yet includes rape before the completion of robbery. Thus, the first instance court's decision is justified in deciding the fact that the defendant attempted to rape and suspended the victim before the completion of robbery and thereby caused injury to the victim and maintaining the rate of attempted robbery and injury resulting from robbery and robbery, and it cannot be accepted as it did not err by misapprehending the legal principles of robbery, such as the theory of the lawsuit.

2. As to the Defendant’s ground of appeal

In light of Article 383 of the Criminal Procedure Act, the argument that the judgment of the court of first instance that upheld the judgment of the court of first instance that sentenced the defendant to imprisonment for less than ten years is excessive in sentencing shall not be deemed a legitimate ground for appeal.

Therefore, the appeal shall be dismissed, and one copy of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)