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(영문) 대전지방법원 2020.10.23 2020고합221
강도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2020, at around 22:00, the Defendant consented to engage in commercial sex acts in the above female accommodation by arranging “F” G in the street operated by D in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, with the mediation of “F” G, and demanded G to give B (n, 38 years of age) a victim to do commercial sex acts.

At around 22:40 of the same day, the Defendant: (a) stated that the victim resisted the Defendant’s speech and behavior, and refused a sexual relation; (b) the victim returned the bell to G out of the building; and (c) the victim was willing to take the Defendant’s money and goods by taking clothes inside H; and (d) the victim was able to take the Defendant’s money and goods by taking away his clothes inside H; and (c) the victim was able to take the Defendant’s money and goods by taking the Defendant’s money and goods against his will; and (d) the victim’s head was threatened by taking the victim’s body and body at the end of his front corridor, and the victim’s head was harming the victim’s head, other than the victim’s head at the time of his/her lawful adoption, in light of the following circumstances acknowledged by the evidence duly adopted by this court. However, it is difficult to conclude that the Defendant’s head was shaking up until the victim at the time of his/her escape.

In other words, even if according to the statement of the victim, the defendant was found to feel a sense that the victim had been faced at the time, and the defendant did not directly witness the defendant's neglect.

② The victim stated two times of the police investigation that “the string, which was sealed on the inner shoulder, was shot,” and that “the string, etc. was shot,” and that “the string, etc. was shot,” and that “the string, etc. was shot, etc. was shot,” and that “the string, etc. was shot,” and that “the string, etc. was shot,” and that “the string, etc. was shot,” without specifying that the Defendant was shot, in the prosecutor’s investigation.

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