2014Gohap14 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery)

B. The injury by robbery (a certified special robbery by robbery)

A, Employees

New Branch Office (prosecutions) and Park Jong-dae (Public Trial)

Attorney Han Han-chul

September 26, 2014

A defendant shall be punished by imprisonment for six years.

Seized evidence of heading 2, 3, 5, and 6 shall be confiscated.

To order the defendant to complete the sexual assault treatment program for 80 hours.

Criminal History Office

The Defendant, as an employee of the delivery, did not pay the credit card price of KRW 2 million in excess of the amount of the credit card price with the delivery employee, sentenced to theft of other property owned by the Defendant or inception of the price of the card.

1. On May 29, 2014: 00:23, the Defendant: (a) discovered that the door of the fourth floor above the fourth floor is open while entering the building near the fourth floor in which the Defendant was on board a white mixed flurab, owned by the Defendant; and (b) opened the face while wearing a white flurin, a white flurin, and a flurin make (ONs) with the face, coming into the building above the fourth floor; and (c) confirmed whether the entrance of each floor up to the fourth floor is corrected through the interior stairs of the first floor, and intruded into the house of the victim maximum ○○ (nur, 23 years old).

In addition, when the victim reported the defendant to play and prevented the victim from suffering from suffering, and leads the victim's body flag to the room room and the victim and the room are over the victim's room, the defendant led the victim to the room. On the other hand, the defendant flag of the female's body flag and the side flag part of his body flag to the room, the defendant flaged the victim's resistance to the room, the head flag to the room, the head flag to the room, and the head flag to the head flag to the head flag, and led the victim's resistance to the victim by the flag correction method of the victim's flag.

As above, the Defendant: (a) forced the victim’s resistance; (b) forced the victim to pay the money held by the victim; (c) followed the victim’s bank, wallet, etc. but there was no money or valuables sufficient to take by force; (d) committed an indecent act by inserting the victim’s cell phone and identification card into the defendant’s Australia money in order to prevent the victim’s report; (e) putting the victim’s cell phone and identification card into the defendant’s boom; and (e) putting the victim’s brue into the brus of the victim’s brue; and (e) putting the chest into the chest; and (e) getting the victim out of the clothes of gold and his cell phone identification card

Accordingly, the Defendant infringed upon the victim’s residence at night and forced withdrawal of the property as above, but did not bring about such intent, and committed an indecent act by force on the part of the victim.

2. On May 30, 2014: around 03: 50, the Defendant discovered that Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle * * * * 1,000 in the original room near the stud room and flap the place for committing the crime, as described in paragraph 1, went back to the back of the victim.

In addition, the defendant parked the above Otoba in the vicinity of the above studio building, and then worn the click, worn a screen (ONer) with the face, worn the studio building, and intruded into the above studio building according to the victim entering the above studio building. When the victim was placed from the stairs of the 1st floor to the second floor, the victim was divided into the victim's hand from the 1st floor to the second floor, prevented the victim from going to the stud, and forced withdrawal of money and valuables. However, the victim did not file a report on the studio because the victim did not have money, and the victim resisted the studio building with the studio, and did not resist the purport.

Accordingly, the defendant did not commit an attempted crime while breaking another's structure at night, and forced to withdraw the property, but did not bring about such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by each police officer of ○○○ and ○○○.

1. A written request for cooperation with investigation;

1. Each protocol of seizure;

1. One copy of the victim's body photograph, and the damaged photograph;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 342 and 334(1) of the Criminal Act;

Article 298 (Special Robbery and Selection of Imprisonment by Indecent Act by Compulsion) Articles 342 and 334 (Special Provisions of the Criminal Act (Special Provisions)

The attempted robbery, and the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act.

(Special Robbery, Rape, etc.)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order to complete a program;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for a period of five years to twenty-two years; and

2. Application of the sentencing criteria;

[Scope of Recommendation Form 3] General Standard Indecent Act by Compulsion (subject to the age of 13 or above)

basic territory (7 years to 11 years)

【No Special Convicted Person】

[Scope of the revised Recommendations] Imprisonment from 7 years to 3 years (the crime of attempted special robbery to which the sentencing guidelines are not applicable and light

Since there is a relationship of concurrent crimes, only the lower limit of the recommended type shall be considered)

3. Determination of sentence;

The crime of this case intrudes on another person's residence at night for the purpose of taking property by force. It appears that the crime of this case was committed by force by force by force by a female victim who had no money or valuables to be taken by force, and by force by force. The crime of this case was committed with the aim of taking the property again after the following day of the crime, the female victim satisfying the object of the crime into the building to take over the property again, and the victim satisfyd the object of the crime, but the victim did not have money. However, the crime was committed against the attempted crime because there is no money. In light of the type of crime and the frequency and period of repeated crime, there is a high possibility of criticism in that it might lead to a more serious crime due to the characteristics of the crime committed by intrusion upon residence. It appears that it appears that the crime of this case was planned to have been committed with a large mental impulse due to the crime of this case.

On the other hand, the defendant's perception of the facts of the crime of this case and reflects his mistake, the defendant did not have any criminal punishment force other than fines due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the defendant did not have any emphasis on the degree of indecent conduct, there was no money and valuables taken by force, the Ma○○ who is the victim of the crime of attempted special robbery does not want the punishment of the defendant, and the defendant might be able to improve his edification at the age of 32 years old, taking into account the various factors indicated in the argument of this case, such as the defendant's character and behavior, environment, family relationship, motive for the crime, and circumstances after the crime, etc., and determine a punishment lower than the lower limit of the recommended punishment based on the sentencing criteria.

Registration and Submission of Personal Information

Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to D related agencies in accordance with Article 43 of

Disclosure Order and Exemption from Notice Order

In full view of the fact that the defendant has no record of being punished as a crime of sexual assault, the background of the crime of this case, and the circumstances revealed in the records of this case such as the circumstances after the crime, there are special circumstances that the defendant may not disclose or notify personal information.

Parts of innocence

1. Summary of the facts charged

The summary of the injury resulting from robbery among the facts charged in the instant case is that the Defendant committed a crime of special robbery as stated in paragraph (2) of the criminal facts indicated in the judgment of the court, thereby causing injury to the victim, which requires approximately two weeks of medical treatment.

2. Determination

A. In the crime of robbery injury means that the physical condition of a victim is changed to a bad condition of the body of the victim, and that a disability is caused by a living active function. If there is no need to treat the injured party because the injured party's wife is extremely minor, and even if the injured party's wife does not receive treatment, it does not interfere with daily life, and if the injured party's physical condition is naturally cured due to the lapse of the time, it cannot be deemed that the injured party's physical condition was changed to a bad condition, or that the injured party's physical function was caused by a disability (see Supreme Court Decision 2003Do2313, Jul. 11, 2003, etc.).

B. According to the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court: ① the victim’s body part on the right side part of the victim’s front side part and the victim’s body part, etc. can be found to have been flickly damaged; however, such body part can be seen to the extent that the victim’s body can be damaged by a small flick, etc. during daily life; ② the victim also stated that the investigative agency would not receive treatment or submit a diagnosis; ③ the victim did not appear to have so much flick at the investigative agency for the crime of this case; ③ the victim did not visit the hospital to treat the victim’s body before receiving a request for investigation cooperation on the part of the victim’s body, and the victim did not suffer any harm to the victim’s body part, and the victim’s body part cannot be found to have been damaged by the victim’s physical pressure during the process of the crime of this case. Furthermore, the victim’s physical pressure cannot be found to have been affected by the victim’s physical pressure during the crime of this case.

C. Therefore, this part of the facts charged should be pronounced not guilty in accordance with the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, inasmuch as the court found the defendant guilty of an attempted crime of special robbery as stated in the judgment in relation to such a crime, the judgment of

Justices Kim Jong-soo

Judges Appellateization

Judges Kim Young-young