2019.Jaccina16 (Joint Attachment Orders)

A

One color tape (proof No. 1), one white horse (certificate No. 2), and one knife (certificate No. 4) shall be confiscated. For a person requested to attach an electronic tracking device for ten years, the person subject to attachment order shall be ordered to attach an electronic tracking device for ten years, and matters to be observed, such as the attached sheet, shall be imposed.

【Criminal Power】

On November 8, 2005, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to 12 years of imprisonment with prison labor for special robbery, etc. in the Daegu District Court's sexual support on November 8, 2005. On February 9, 2006, the Daegu High Court sentenced 12 years of imprisonment with prison labor for special robbery, etc. and completed the execution of the sentence in the Chuncheon Prison on June 2, 2017.

【Criminal Facts】

around December 2018, the Defendant knew with B, who was aware of the clothes that he had become aware of through the introduction of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the local government.

First of all, the Defendant left the destination B and the above name and stopped the said car at around 22:23 on the same day. At around the same day, the Defendant moved to the back seat of the vehicle in Gangnam-gu, Seoul, and the Defendant Daced the victim with a lethal weapon ( approximately 34 cm in total length, about 20.5 cm in length) on the part of the victim, while taking the victim’s knife at the back seat of the vehicle in front of the Defendant, and making the victim take the knife on the part of the victim’s knife and knife. 100 million won in inside. Unless this money is paid, the Defendant saw the victim’s knife and knife and knife the victim’s knife and knife knife knife knife knife knife knife knif.

At around 23:44 on the same day, the Defendant driven a car with the FV and moved to the FV with the victim at which the resistance has been detained. The Defendant sent the victim by the said UV G with the said UV, leaving the knife in the victim, and having the victim go through the knife, and in the face of KRW 100 million. In good words, the Defendant threatened the victim. The Defendant: (a) was compelled to bring the victim into money because he did not have any money at this time; (b) there is time to bring the victim into money; (c) around 04:15, Jan. 13, 2019, the Defendant got the victim from the above UV G around 04:15.

At around 04:37 on the same day, the Defendant, while getting the victim to board a car, withdrawn KRW 1.5 million in cash using a new card and password received from the victim from the victim in front of the I convenience store located in H on the same day. At around 05:22 on the same day, the Defendant withdrawn KRW 1.2 million in cash from the I convenience store located in Gangnam-gu Seoul, Seoul, at around 06:0 on the same day, after withdrawing KRW 1.2 million in cash from the I convenience store located in J in Gangnam-gu, Seoul, at around 06:0 on the same day.

Accordingly, the defendant detained the victim, while carrying a deadly weapon, forcibly took 2.7 million won in cash of the victim through violence and intimidation.

【Fact of Grounds for Request for Attachment】

The Defendant was sentenced to imprisonment with prison labor for special robbery, etc. and again committed robbery in this case within 10 years after the completion of the execution of the sentence. In light of the fact that the Defendant’s repeated commission of robbery with the same criminal power and the same method, etc., failing to control his or her behavior, and that he or she shows a impulse tendency, etc., the Defendant is likely to recommit robbery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Reports on internal investigation (the details of withdrawals of passbook C, pictures of the victim's studios);

1. Each investigation report (to attach sirens used by suspects and telephone calls, hear victims' telephone statements, GPS in suspect vehicles, specific progress by time to commit the crime, and hear additional statements from victims);

1. A vehicle rental contract and vehicleGPS;

1. Each existing color tape (proof No. 1), white mack (proof No. 2), and blade No. 4, seized;

1. Previous convictions: Criminal records, investigation reports (recognating the period of repeated crimes and current status of confinement of individuals, etc.), court rulings attached thereto and current status of confinement of individuals;

1. The risk of recidivism in the judgment below: (a) the above evidence duly adopted and examined by the court and the written request investigation as follows; (b) the defendant was sentenced to 12 years of imprisonment with prison labor for special robbery, etc. in the Daegu District Court's Family Branch on November 8, 2005; (c) on February 9, 2006, the Daegu High Court sentenced 12 years of imprisonment with prison labor for special robbery, etc.; and (d) on June 2, 2017, after the execution of the sentence was completed, again committed robbery; (b) the previous crime committed the robbery against women by intimidation with lethal weapons, etc. on a passenger car; (c) the crime of this case also committed the crime of this case is deemed to have been forcibly taken money and valuables from the passenger car to the victim with a deadly weapon; (d) the defendant's risk of recidivism is recognized to have been the total risk of recidivism; (e) the defendant's age and place of crime; and (e) the defendant's age of recidivism; (iii) the risk of recidivism.

Application of Statutes

1. Article applicable to criminal facts;

Articles 334(2) and (1), 333, and Article 276(1) of the Criminal Act (the point of detention with a deadly weapon)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments imposed on special robbery heavier than punishment)

1. Selection of punishment;

Selection of limited imprisonment for special robbery crimes

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, proviso to Article 42 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

Articles 5(4)1, 9(1)1, 9(1)1, 9-2(1)1, 9-2, 3, and 5 of the Criminal Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to the imposition of an order to attach an electronic tracking device and matters to be observed;

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than twenty-five years;

2. Scope of recommended sentences according to the sentencing criteria;

The sentencing criteria are not applied because the crime of special robbery and the crime of confinement are in a mutually competitive relationship, but it is necessary to refer appropriately to the sentencing criteria, and the following is examined as reference to the scope of recommendations in the sentencing criteria for the crime of special robbery with heavy punishment.

[Determination of Punishment] Robbery. General Criteria / [Type 2] Special Robbery

[Special Aggravations] Aggravations: Victims vulnerable to crimes.

[Recommendation and Scope of Recommendations] Aggravation area, 7 years and 6 months to 12 years [in cases of specific violent crimes (specific violent crimes), the upper and lower limit of the scope of sentence shall be increased by 1.5 times]

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances for eight years of imprisonment, taking into account the defendant's age, character and conduct, growth process, environment, motive, means and result of the crime, and the various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, as ordered.

○ Unfavorable Conditions

The Defendant forcibly taken property by threatening an elderly victim with a deadly weapon and detained him/her for a long time. In light of the criminal history, method, content, risk, etc. of the Defendant’s crime, the crime is very bad. The victim is suffering from difficulties in appealing fear due to the instant crime and maintaining daily life, and the victim wishes to strong punishment against the Defendant.

Although the Defendant had been punished for special robbery, etc., he also committed the instant crime during the period of repeated crime. The Defendant was punished by a fine for larceny, which was committed four months after the execution of punishment for the said special robbery, etc., but committed the instant crime even though he was punished by a fine.

○ favorable circumstances

The Defendant recognized all of the instant crimes, and is against the mistake. The Defendant returned KRW 2.7 million, which was demoted due to the instant crime, to the victim.

Judges Kim Gung-sung

Judges Kim Gon Line