@article{ART003210400},
author={Hong, Tae-Seok and Kwon Yang-sub},
title={Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={2},
pages={721-747}
TY - JOUR
AU - Hong, Tae-Seok
AU - Kwon Yang-sub
TI - Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 721
EP - 747
SN - 2288-1840
AB - Article 339 of the Korean Criminal Code stipulates the so-called ‘robber rape crime’ by saying, “When a robber rape a person, imprisonment for life or more than 10 years.” In other words, it can be seen that the crime is established when the robber raped the object ‘person’. Then, what does a person mean. In this regard, it can be seen that it means "a living person" by borrowing what is discussed in the crime of murder. Therefore, the crime of robbery and rape is established when a robber rape a living person, and it can be seen that an attempted robbery and rape is established if the act is not terminated or the result of the crime has not occurred after the commencement of execution.
However, in the case of the Tokyo High Court in 2017, the first trial admitted the crime of robbery and attempted robbery and rape of the victim (17 years old at the time) after killing his former part-time colleague who was pessimistic about his future and decided to commit suicide.
Previous precedents have considered that when a robber assaulted a living victim with an intention of adultery and then committed an adultery act, including adultery, the crime of rape death is affirmed or the crime of rape reaches the peak. In this situation, this ruling initially judged that even if the victim was willing to commit adultery after killing, the initiation of rape was recognized, and rape at the point of adultery reached the peak. Until now, the legal discussion of the 'dead person' under the criminal law has been discussed centering on property crimes such as robbery or defamation crimes, but the subject of sexual crimes has not been the subject of much discussion. Japan's target judgment is also significant in that it ruled that the theory can be constructed in the same way as the crime of robbery and murder, and that it can throw a topic of discussion over the objectivity of sexual crimes for lions.
In order for a crime of robbery and rape to be established, the object must be a ‘living person’, but Japanese precedents also recognized robbery and rape for so-called adultery on a corpse. Accordingly, we analyzed the case law and examined whether robbery and rape can be established for time-based behavior.
KW - Robbery rape;A crime of robbery;Attempted robbery and rape;Japanese criminal law;Case of Japanese criminal law
DO -
UR -
ER -
Hong, Tae-Seok and Kwon Yang-sub. (2025). Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -. Legal Theory & Practice Review, 13(2), 721-747.
Hong, Tae-Seok and Kwon Yang-sub. 2025, "Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -", Legal Theory & Practice Review, vol.13, no.2 pp.721-747.
Hong, Tae-Seok, Kwon Yang-sub "Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -" Legal Theory & Practice Review 13.2 pp.721-747 (2025) : 721.
Hong, Tae-Seok, Kwon Yang-sub. Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -. 2025; 13(2), 721-747.
Hong, Tae-Seok and Kwon Yang-sub. "Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -" Legal Theory & Practice Review 13, no.2 (2025) : 721-747.
Hong, Tae-Seok; Kwon Yang-sub. Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -. Legal Theory & Practice Review, 13(2), 721-747.
Hong, Tae-Seok; Kwon Yang-sub. Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -. Legal Theory & Practice Review. 2025; 13(2) 721-747.
Hong, Tae-Seok, Kwon Yang-sub. Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -. 2025; 13(2), 721-747.
Hong, Tae-Seok and Kwon Yang-sub. "Whether the intention of adultery after murder and the attempted robbery and rape are established in a robbery offender - Through the judgment of the Tokyo High Court in Japan on December 1, 2017 -" Legal Theory & Practice Review 13, no.2 (2025) : 721-747.
