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(영문) 수원지방법원 2011.12.15.선고 2011고합555 판결
,675(병합)·가.성폭력범죄의처벌등에관한특례법위반(강간등살인)·나.성폭력범죄의처벌등에관한특례법위반(특수강도강간등)·다.특수강도·라.특수절도·마.사체은닉·바.절도·사.자동차관리법위반·아.여신전문금융업법위반·자.강도상해
Cases

201, 555, 675 (Joints)

(a) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape;

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery and Rape);

(c) Special robbery;

(d) Special larceny;

(e) Concealment of carcasses;

(f) Larceny;

(g) Violation of the Automobile Management Act;

(h) Violation of the Specialized Credit Financial Business Act;

(i) Injury by robbery;

Defendant

1. A. (b) b. c. d. e. f. g. h.

(E) (70 years old, south) other projects;

Residential Jeju

Reference domicile Jeju

2. A. (b) . (c) . d. e. g. h.;

IT (76 years old, South) Other Project

Residential Jeju

Reference domicile:

Prosecutor

St. Shelly

Defense Counsel

변호사 장ㅁㅁ ( 피고인 양 ) 을 위한 국선 )

Attorney Han-soo* (Korean National Assembly for this part)

Imposition of Judgment

December 15, 2011

Text

The defendant is punished by imprisonment with prison labor for life and for 25 years.

6 (No. 5) knife, knife, knife, knife, knife, knife, knife, knife (No. 6) knife, knife, knife,

290m) 1 (No. 7) , al. Zinium air-conditioning (115 cm in length) 1 (No. 8), transparent tapes

one (No. 12), two specifications of bank transactions (No. 15), one hearing tape (No. 19), one string (No. 19), and one string (no. 1).

G. (No. 23) A. B. from IT to Defendant LIT, spacker (No. 21 person) (No. 34), knife (Date 34), knife (Date 23)

9m) One (No. 35m) in length, one set of batteries (No. 36) in 1, 1 (No. 36), and 2 (No. 42) in crating locks.

To be forfeited from each other.

압수된 증명사진 1개 ( 증 제4호 ) 를 피해자 양♧♧의 상속인들에게 , 번호판 ( 50793 X X )

1. (No. 25) A. B. to the victim, the number plate (No. 56.28 X) 1 (No. 26) shall be returned to the victim to the victim, and three seals (No. 38) shall be returned to the victim 9, respectively.

The information about the Defendants shall be disclosed and notified through an information and communications network for a period of 10 years (Provided, That the disclosure shall be made public);

The summary of a sex offense shall be limited to the crimes listed in paragraph (4) and paragraph (1) of the judgment of the court.

Reasons

Criminal facts

1. Joint crimes committed by the Defendants

Defendant IT was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery) at the Daegu High Court on October 26, 1999, and the Defendant was sentenced to eight years of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Violence and the Protection of Victims (Rape, etc.) at the Gwangju High Court on November 17, 2000, and was sentenced to eight years of imprisonment with prison labor for a crime of violation of the Act on the Punishment, etc. of Sexual Violence and the Protection of Victims (Rape, Injury, etc.) at the Jeju High Court on October 25, 2006, and was discharged from prison in the Cheongju District.

On March 28, 2008, 1 and 2008: (a) from March 201, 201 to June 201, 201, the Defendant was released from Jeju-do, to operate the Simdo in Jeju-do with a view to operating the Simdo; (b) around KRW 140,500,000 and KRW 40,000,000 and KRW 40,000,000 are placed in a place where it is difficult to pay interest for the Defendant’s IT’s loan obligation; and (c) there was a public offering to take money and valuables by kidnapping female children who have come home in the Simdo alone at a restaurant located at the end of Cheongju-si, not more than the end of July 2011.

(a) Special robbery, special larceny;

On August 2, 2011: around 50, at around 01: 50, the Defendants operated a 53VV 14-Wood vehicle on the street in front of the stude in Daegu-gu Daegu-dong, and found the victim (the 31-year age), who alone flicked the object of the crime, and stopped the said vehicle at the front direction of the victim, and the victim passed by the next direction.

After diving, when the victim passes by the above vehicle, the defendants got off the vehicle (the defendants et al. after getting out of the above vehicle) were to prevent the victim from being injured by one hand, and became aware of the body of the victim by other hand. The victim was able to see the body of the victim's body and the head and the bridge of the victim due to drinking and launchinging of the vehicle as she gets out of the body of the victim, and she turned over the victim's body to the ground by making it possible for the victim to take off the body of the victim by drinking and launchinging the body of the victim, and the defendant II was able to force the victim to go on the back of the above vehicle with the victim's bridge on both hand.

In addition, Defendant 2) had a mountain gark prepared in advance covered the victim’s face, and had a scar for scarbling with a scarbling flag in the victim’s item. “If the victim does not refuse to kill, 200,000,000, 100, 1000, 100, 1000, 100, 200, 200, 300, 300, 300, 30, 300, 200, 30, 200, 30, 30, 20, 30, 3

In addition, the Defendants were waiting within the vehicle, and Defendant II was 02:46 to 02 on the same day, and Defendant II withdrawn KRW 1,240,000 from the cash withdrawal machine installed in the above post office from the cash withdrawal machine to 49.

As a result, the Defendants took the two cashier's checks and one check from the victim m, and stolen 1,240,000 won of money owned by the victim's post office.

(b) Special larceny;

In order to prevent the commission of crime, Defendants stolen the number plates of other vehicles, and attempted to attach them to the Defendant’s 53B14 XX AW-W-W-W-W-W-W-W-W-on vehicle on August 9, 201, and removed the victim’s breach of trust parked on the street before F-W-dong, F-W-dong on August 9, 201, at around 00, the victim’s 56A28-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

Accordingly, the defendants stolen the victim's registration number plate together.

(c) Violation of the Automobile Management Act;

On August 10, 2011, the Defendants: (a) attached the front and rear number plate of the vehicle of 56.28x Apurt, which was stolen as set forth in the foregoing B, to the front and rear side of the vehicle of 56.28 Epp, which was driven by Defendant II; and (b) operated the Gwangju Daily in the front and rear end of the vehicle of 53B14X X App, which was driven by Defendant II.

Accordingly, the Defendants conspired to use the registration number plate unlawfully.

(d) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Robbery, Rape, etc.);

On August 10, 2011, at around 30:30, the Defendants discovered the victim's right (e.g., age 42) that they walk alone in front of the annual hospital located in the Geongdong in Gwangju Mine-gu, and the Defendant IT stopped the vehicle from 53B14 X X X head on the front side of the victim's proceeding, and the victim passed behind it.

After diving, when the victim passes by the above vehicle, the defendants set off the above vehicle at the victim's seat, she gets out of the victim's body by one hand, she gets out of the victim's body with another hand, and she gets out of the victim's body, and this II she gets out of the victim's bridge at hand, and the defendant II she forced the victim's bridge to the back side of the above vehicle, and she she she was over the victim's face, and she took off the victim's two descendants by her own tape, and cut off the victim's cash 30,00,00, one driver's license, three credit cards, one gold ticket, one gold ticket, one gold ticket, and one seed she was sold.

Accordingly, the Defendants jointly taken the said cash, etc. from the victim.

In addition, around 03:0 on the same day, at around 00, the victim was sexual intercourse and raped once with the victim who was unable to resist in the rear seat of the passenger vehicle, with the intent of rapeing the victim. The defendant II reported the network by getting down from the vehicle, and tried to cut down the body of the victim after rape).

As a result, the Defendants conspired to rape the victim.

(e) Special robbery, special larceny, or violation of the Specialized Credit Financial Business Act;

On August 12, 2011, at around 00: 10, the Defendants discovered the victim KimW (n, 46 years old) who calls on the street in the front of the Samcheon-dong apartment of Samcheon-gu, Samcheon-gu, Samcheon-gu, Samcheon-si, and then stopped around 53 but 14 years old, the Defendants left the vehicle and prevented the victim from suffering with his hand from the latter part of this II. The victim's body gets off and resisted by the victim, and she was led to the victim's body, she was able to prevent the victim from suffering with her hand, and she was forced to use her face to the back side of the victim by putting the victim's her two hand, and Defendant T 1 was able to force the victim's her face into the back side, and then Defendant T 1 was able to put the victim's her face into the front tape in advance.

In addition, the Defendants followed the victim’s bank, and 50,00 won in cash owned by the victim, and the people cut off one of each of the eck cards, national cards, Samsung cards, and lot cards. The Defendants followed up the vehicle inside the train, and Defendant II withdrawn from 00:49 to 00:56 on the same day the cash payment machine established in the above ecifies to receive KRW 900,000 in total with Samsung cards, and KRW 900 in total with the national card twice, and KRW 370,00 in total with the national bank card four times, and Defendant II withdrawn the deposit of KRW 370 in total with the national bank card.

As a result, the Defendants received 50,000 won and 200 won from the victim and 500 won from the above national bank, government private card, Samsung Card, and Round Card, respectively, and stolen 4,870,000 won in money owned by the victim’s post office, and used force credit cards.

(f) Special larceny;

In order to prevent the occurrence of crime, the Defendants stolen the number plates of other vehicles, and attempted to attach them to the Defendant’s 53 B. 14 X X-W-W-W-W-W-W-W-W-W-W-W-W-W-W-on on August 13, 201. On August 22, 201, at around 00, the Defendants removed the number plates from the front and rear of the vehicle of 34 U.S.-W-W-W-S-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the defendants stolen the victim's registration number plate together.

(g) Violation of the Automobile Management Act;

On August 13, 2011, the Defendants attached the front and rear number plate of the vehicle of 34 U.S. 83 Ep, which was stolen as set forth in the foregoing paragraph, to the vehicle of 53V 14 Ep, which Defendant IT drive, and operated the Gu-U.S. day after attaching it to the vehicle of 53V 14 Ep, which Defendant IT drive.

Accordingly, the Defendants conspired to use the registration number plate unlawfully.

(h) Special robbery;

Defendants on August 14, 201: at around 30, 201, the victim red at a non-fluorous area of Mag-gun, Mag-gun, Mag-gun, Mag-do.

(A) At around 00:40 on the same day, the 30th anniversary of the same day after finding out that the victim was on board a car parked on the side of this year, and after setting the victim's walked, the victim was on the street in front of the king-ri-ri-dong in the same Eup/Myeon, and the Defendants were also approaching the victim's back from the king-ri-ri-ri-ri-ri-car, and the Defendants attempted to stop the gate from the victim's back with a pipe knick-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-vis, but the victim tried to walk the kn-ri-ri-ri-ri-ri-ri-ri-ri-ray with a pipe kn-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-s, but the victim.

Accordingly, the Defendants jointly taken the said cash, etc. from the victim.

(i) Injury by robbery;

On August 15, 2011, at around 01: 01:42, the Defendants: (a) discovered the name of the victim (e.g., 44 years old) returning home from the apartment parking lot located in the Masan-si in Busan-si; (b) left the her house; and (c) followed the victim by driving the Aburt-ri vehicle; (d) Defendant II went back while driving the Aburt-ri vehicle; (e.g., Defendant 2) prevented the victim from resisting the victim, such as going beyond the floor at the time of the son’s head by the 102 Hashed, the victim was deprived of KRW 20,00,000,000, Samsung Card, Samsung Card, Shin Card, CC card, and his identification card; and (e) Defendant II got off the victim’s 20,000,000 won, and 50,000 won of the market price.

As a result, the Defendants conspired to take property of the victim and inflicted injury on the victim.

(j) Special larceny;

In order to prevent the occurrence of crime, the Defendants stolen the number plates of other vehicles and stolen them to be attached to the Aburgn-tured vehicle from entering and leaving by the Defendant, and on August 15, 201: 00, the Defendants removed them by using the tools in front of the Aburged vehicle owned by the victim and parked on the front side of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, 000.

Accordingly, the defendants stolen the victim's registration number plate together.

(k) Violation of the Automobile Management Act;

On August 16, 201, the Defendants attached the front and rear number plate of 50,000 Y No. 93, which was stolen as set forth in the foregoing paragraph (j) at the insular area below 00 won, to the front and rear number plate of the 53 BW X X AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Accordingly, the Defendants conspired to use the registration number plate unlawfully.

(l) Special robbery, special larceny, and violation of the Specialized Credit Financial Business Act;

On August 17, 2011, at around 00: 10, the Defendants discovered the two parts of the victim's walked alone (n, 49 years old) on the street in front of the terS convenience point in the box of the right line in Suwon-si, Suwon-si, the Defendants accessed the victim's 53 B (n, 49 years old), the Defendants boarded from the 53 Ber 14 XX, the Defendant 14 years old, and the two parts of the victim's knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.).

In addition, the defendants were provided with cash services of KRW 1,950,000 in total on seven occasions from the cash withdrawal date owned by the victim's name unclaimed boxes installed in the same day to 03:09 on the same day to 03:00 on the same day, and from 03:0 on the same day, the defendants were provided with five times in total with a new card from the cash withdrawal date owned by the victim's name unclaimed boxes to 03:0,000 on the same day to 03:0 on the same day. From 03:15 to 03:45 on the same day, the defendants were provided with five times in total with a new card from the cash withdrawal date owned by the victim's name unclaimed boxes installed in the above Part to 03:15 on the same day.

이로써 피고인들은 합동하여 피해자 양♧♧로부터 현금 110 , 000원 , 신한카드 , 롯데 카드 각 1장을 강취하고 , 피해자 각 성명불상자 소유의 돈 1 , 950 , 000원 , 2 , 700 , 000원 합계 4 , 650 , 000원을 절취하고 , 강취한 신용카드를 사용하였다 .

(m) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.);

(l) The Defendants who committed the act of special robbery, etc., like the above paragraph 1, committed the crime, while driving a rocketing car 1) and moving to a shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot ske, and Defendant 1 shot shot shot shot ske shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot ske. The Defendants shot shot shot shot shot shot s.

In addition, the Defendants thought their face would be new to an investigative agency without a climbing the victim, and thought that they cannot have any choice to kill the victim. The Defendants, at around 00, pursuant to the direction of the victim on August 17, 201, at around 13:0 of the body section of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, to kill the victim, the Defendants were unable to capture the victim with the above climb in order to use it to kill the victim and store the victim's goods. At around 13:0, at around 30, the Defendants were able to have the victim kills the victim by taking advantage of the body section of the victim who was seated at the back end of the vehicle, and the following climbly "the victim was able to kill the victim by taking advantage of the body part of the victim."

(n) Porting a corpse;

The Defendants, as stated in paragraph (m) above, thought that the victim kills both Bab and destroyed the evidence (the Defendant’s quantity) exceeded the victim’s upper part, and the Defendant IT exceeded the victim’s lower part, brought the victim’s lower part of the vehicle into the said vehicle, and concealed the body by putting the victim at approximately 10 meters away from the surface of the vehicle.

2. The sole crime (thief) committed by Defendant 2

Defendant 2) In order not to arrest another person’s vehicle, the vehicle number plate attached to the vehicle of another person (hereinafter Defendant 2) was stolen, and the Defendant 20:30 on August 21, 201, 201, the Defendant 2:30 on the front and rear of the victim’s vehicle, which was parked in the vehicle of another person, was removed from the front and rear number plate of the vehicle of another person.

Summary of Evidence

1. Defendants’ legal statement

1. The statement by the police against west, west, Kim XX, Hong, Lee Dong-ho, Lee Dong-ho, Lee Jong-ho, Lee Jong-ok, Lee

Protocol

1. Each written statement concerning the distribution;

1. A written autopsy and appraisal report and an appraisal report;

1. Each investigation report and investigation report (related to the details of card and passbook withdrawal);

1. Protocol of inspection, written autopsy of the corpse, and on-site identification records of robbery;

1. On-site verifications and photographs of on-site articles;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and investigation reports (report on the results of confirmation before and after the disposition, and report on the date of release);

Application of Statutes

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

Defendant : Articles 9(1) and 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

Articles 334, 297, and 30 (Aggravated Rape) of the Criminal Act and sexual assault crime

Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Crimes, Articles 334, 297 of the Criminal Act

Article 30, Article 30 (Aggravated Rape and Rape), Articles 337 and 30 of the Criminal Act (Bodily Injury by Robbery)

Section 34(2) and (1), and Article 333 of each Criminal Code (the point of each special robbery);

Article 331(2) and (1) (a) of the Criminal Act, Article 329 of the Criminal Act

(Bathing point), Articles 161(1), 30(a) of the Criminal Act, each credit

Article 70(1)4 of the Specialized Financial Business Act, and Article 30 of the Criminal Act.

D Use, each class of section 78(2) of the Motor Vehicle Management Act, each class of section 71(1) of the Motor Vehicle Management Act,

Article 30 (Unlawful Use of Each Registration Number Plate)

Defendant IT: Articles 9(1) and 3(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes;

Articles 334, 297, and 30 (Aggravated Rape) of the Criminal Act and sexual assault crime

Article 3(2) of the Act on Special Cases concerning the Punishment, etc. of Crimes, Articles 334, 297 of the Criminal Act

Article 30, Article 30 (Aggravated Rape and Rape), Articles 337 and 30 of the Criminal Act (Bodily Injury by Robbery)

Section 34(2) and (1), and Article 333 of each Criminal Code (the point of each special robbery);

Article 331(2) and (1) of the Criminal Act (a point of each special larceny) and Article 161 of the Criminal Act

Paragraph (1) of this Article, Article 30 (Occupancy of Concealment of Corpses) and Article 70 (1) of the Specialized Credit Finance Business Act

No. 4, Article 30 of the Criminal Act (the use of credit cards by force), each vehicle officer

Article 78 subparagraph 2 of this Act, Article 71 (1) of this Act, and Article 30 of the Criminal Act.

Point of full use)

1. Selection of penalty;

Defendant 2): Weapons against the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Robbery, etc.)

Special Cases concerning the Selection of Imprisonment, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(2) the choice of each limited term of imprisonment with respect to the offence, robbery, injury by robbery, and each special robbery;

Theft, each violation of the Automobile Management Act, and each violation of the Specialized Credit Finance Business Act.

each sentence of imprisonment;

Defendant IT: Weapons for a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Robbery)

Special Cases concerning the Selection of Imprisonment, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(2) the choice of each limited term of imprisonment with respect to the offence, robbery, injury by robbery, and each special robbery;

Each violation of the Automobile Management Act and each violation of the Specialized Credit Finance Business Act

Imprisonment Selection

1. Aggravation for concurrent crimes;

Defendants: First sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest sexual width.

In regard to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Military Force Crimes (Robbery, etc.), life imprisonment

As selected, no other punishment shall be imposed.

1. Discretionary mitigation;

Defendant IT: Articles 53 and 55(1)2 of the Criminal Act (the following grounds for sentencing)

(3)

1. Confiscation;

Defendants: Article 48(1)1 of the Criminal Act

1. Return:

Article 333(1) of the Criminal Procedure Act

1. Order to disclose and notify;

Defendants: Articles 37(1)1, 37(3), and 41 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

section 1(1)1, paragraph 3

Defendant II and his defense counsel’s assertion and determination

1. Defendant IT and defense counsel’s assertion

피고인 이은 피해자 권空空 , 양♧♧에 대한 범행 중 피해자들을 상대로 금품을 강취한 사실은 있으나 나아가 피고인 양 ) 이 피해자들에 대한 강간행위를 실행할 때 차량 밖에 있었고 망을 본 적도 없으며 피고인 양 ) ) 의 피해자들에 대한 강간 범행에 가담하지 않았다 .

2. Determination

A. The co-principal under Article 30 of the Criminal Act is established by satisfying the subjective and objective requirements, such as the intended co-processing and the commission of a crime through the opportunic action control based on its co-processing intent. Even in cases where some of the competitors do not directly share and implement a crime, if it is acknowledged that a functional control exists through a qualitative contribution to the crime, rather than a simple conspiracy, but rather a functional control exists through a qualitative contribution to the crime, the so-called co-principal cannot be exempted from the criminal liability. In this case, in light of all the circumstances, the method and attitude of the crime, the number of participants and their inclinations, the time and place of the crime, the possibility of contact with others and response to the crime, etc., and the possibility of contact with others during the process of the crime, and the risk of contact with them and anticipated to result in the crime, the conspiracy did not appear to have been sufficiently different from those expected to result in the crime, as well as from the judgment of the Supreme Court.

B. In light of the above legal principles, the following circumstances were found: ① the victim’s right was frightened by the Defendant at the victim’s body near the victim’s right to rape; ② the victim’s 6th anniversary of the annual hospital in Gwangju, the victim’s 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the rape; ② the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of the 6th anniversary of this day, the 6th anniversary of the 6th anniversary of this day, the 6th anniversary of this day, the 6th anniversary of this case’s 6th anniversary of this case’s 7th anniversary of this case’s 7th anniversary of this case’s whereabouts, the 1st of this case’s 2nd.

It can be sufficiently recognized that rape was committed by the Defendant, and the Defendant is responsible for the rape of this case. This part of the allegation is without merit.

다 . 다음으로 앞서 본 법리에 비추어 피고인 이 IT이 피해자 양♧♧에 대한 강간범 행에 공동정범으로서 책임을 지는지 보건대 , 앞서 든 증거들에 의하여 인정할 수 있는 다음과 같은 사정 즉 ① 피고인들은 2011 . 8 . 17 . 00 : 10경 피해자 양♧♧를 납치하여 차량에 태운 채 차량 안에서 상당한 시간 동안 술을 마시며 가정사에 관한 이야기 등 을 하면서 피고인 양 ) 은 술 기운에 피해자 양♧♧의 가슴을 더듬었고 피고인 이

Defendant II was driving a vehicle to the location of the body because I stopped the locked vehicle (2347 to 2348 pages of investigation records), and ② Defendant IT also her quantity)

이 피고인 이 IT에게 차량 밖에서 기다리라고 이야기 할 때 피고인 양 ) 이 피해 자 양♧♧를 강간할 것임을 알았다고 진술하고 있는 점 ( 수사기록 1433쪽 ) , ③ 피고인 양 ) 은 피해자 권을 강간할 당시 피고인 이에게 차량 밖에서 기다리라고 지 시한 적이 있었던 점 , ④ 피고인 이11은 피고인 양 ) 이 피해자를 강간하는 동안 계속하여 차량 주변에서 머물고 있었던 점 , ⑤ 피고인들로서는 인적이 드문 장소라고 하더라도 차량 안에서 피해자를 강간하는 동안 다른 사람에게 발각되지 않기 위하여 누군가 망을 볼 필요가 있었던 점 등을 종합하면 , 피고인 이 TT 이 피고인 양 ) 과 공모하여 피해자 양♧♧를 강간하였다는 사실을 충분히 인정할 수 있고 , 피고인 이

"As a joint principal is responsible for the rape of this case, this part of the state shall not be justified.

Reasons for sentencing

[Scope of applicable sentences] Life imprisonment: Defendant T1; Imprisonment for life; from 10 to 50 years;

[Types of Crimes] homicide, Type 4 (Serious Combined homicides)

[A person under special circumstances] In the case of robbery and rape, the case of abduction and robbery for a purpose of criticism

[Scope of Recommendation] Aggravating area (at least 20 years, for life) but not less than 2 special persons;

1/2 increased the upper limit of the sentencing range recommended in the sentencing criteria by up to 1/2

As a result, if the upper limit is more than 25 years, it may choose life imprisonment (the scope of modified recommendation) 1/2 (6 June 2) and 1/3 (2 years) in accordance with the standards for processing multiple crimes.

(2) The sum of such amounts shall be the crime of concealing the dead bodies, the crime of violating the Automobile Management Act, the specialized credit financial business

The sentencing criteria are not set for the violation of the Act.

Crimes whose standards are set and those whose sentencing criteria are not set;

With respect to concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit of such concurrent crimes shall be the sentencing criteria

The minimum limit of the range of sentence shall be set according to the sentencing criteria for the crimes established.

[Determination of Sentence] Life imprisonment and ITs: Imprisonment with prison labor for 25 years

○ Reasons for common sentencing to the Defendants

Considering that the crime of this case was committed during the remaining period by the Defendants, the Defendants were sentenced to imprisonment with prison labor for a period of 1 to 3 years before and after Daegu, Gwangju, Jeonju, Jeonju, Gyeongju, Gyeongju, Gyeongcheon, Cheongju, Cheongwon, etc., by undiscriminatorying women returning home in the middle of the Republic of Korea, with no exception to the crime of 19 years of imprisonment with prison labor for a limited period of 5 years, and 1 years of imprisonment with prison labor for a limited period of 9 years of 9 years of imprisonment with prison labor for the first time, and the entire face of Masck-ro, such as Cheongju, Cheongju, Cheongju, and Cheongwon, and the first crime of 19 years of imprisonment with prison labor for a limited period of 9 years of 7 years of imprisonment with prison labor for the first time, and the first crime of 9 years of Rape of the victims, and there is no room for the Defendants to recover from the victim's life and dignity.

○ Defendant 2)

Meanwhile, in light of the above circumstances, the sentence of death penalty may be considered to be imposed as the same as that of the prosecutor’s sentence. However, given that the death penalty is an extremely limited punishment, which is a brupted penal punishment that deprives the human life of itself of its own, and is an extremely exceptional punishment that can be presented by the state’s sexual justice system, the sentence of death penalty ought to be permitted only when there is an objective circumstance that can be justified in light of the degree of responsibility for the crime and the composition of the punishment.

However, the facts of the crime are recognized in entirety and depth, and it is not deemed that the planned preparation for the crime of murder was not made, and that the crime of rape was committed at the time of the crime, both of the defendants) is considered to have been directed to the victim's recovery and exchange. The other defendant's age, occupation and experience, occupation and character, character and behavior, intelligence, education degree, family relation, family relation, existence of criminal record, fear of the crime with the victim, motive for the crime, existence of preparation, degree of preparation, method and method, importance of the result, the number and attitude of the victim, degree of harm after the crime, degree of reflectment and attitude, degree of liability after the crime, degree of damage recovery, etc.) and it is difficult to view that the defendant's punishment falls under a variety of objective punishment, such as the defendant's punishment, such as the victim's age, occupation and experience, personality and personality, family relation, family relation, and existence of criminal record, degree of punishment or fear of multiple recidivism, etc.

In light of the above circumstances, the imposition of death penalty may also be taken into consideration to Defendant IT as the prosecution’s punishment. However, as seen earlier, the imposition of death penalty should be permitted only when, in light of the degree of responsibility for the crime and the purpose of punishment, objective circumstances to recognize that there are special circumstances that can be justified.

However, Defendant II did not directly engage in sexual intercourse with the victims; Defendant II has been growing up in a difficult family environment where the victims have lost their parents, transferred their her her her son’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s life, occupation and career, personality and conduct, intelligence, education level, growth and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

This IT sets forth the same type as the order.

It is so decided as per Disposition for the above reasons.

Judges

The presiding judge's seat

Judges Immination

Judges Cho Jae-in

Note tin

1) The Defendants committed the crime, such as a special robbery, etc., as referred to in other l., and moved to the Abdo government vehicle, the construction site near the 167 near the 167 U.S.-dong.

Since the operation of a vehicle is impossible due to the entry of water in the pool into the inside of the vehicle, etc., the vehicle shall be operated in the foregoing Aarte vehicle.

The insured Samsung Fire Co., Ltd. requested towing, and the towing vehicles to arrive at this time are unable to operate due to flooding.

The Defendants: (a) towing the vehicle to the industrial company; and (b) requested the other vehicle siren to deliver the said vehicle to the said company; and (c) received the said vehicle.

(2243 pages).

2) Sexual crimes, rape (subject to older than 13 years of age), Type 3 (Robbery Rape), aggravated factors (special robbery under Article 3(2) of the Sexual Exposure Act), and aggravated areas

(9 to 13 years)

3) Robbery crimes, general standards, Type 2 (Special Robbery), basic area (three to six years)

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