Housing Eunpyeong-gu Seoul

Attorney Lee Jae-chul, Lee Jae-soo

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

The seized kitchen shall be confiscated by one kitchen (No. 1), one son-and-child (No. 2), one son-and-child (No. 3), one square meter (No. 4), one Masck (No. 5), and one Dori (No. 5).

1. Special robbery;

(a) Crimes committed on January 30, 2014;

On January 30, 2014, 02: around 50, the Defendant: around 50, the victim Kim * (38 years of age) was on board the back seat of 31 Seoul **** * the same day after he was on board the back seat of 03 : 03, around 10, in the Eunpyeong-gu Seoul Metropolitan Government 2-ro 46.

The Defendant taken the care of his identity through her son’s son’s son’s (No. 2), locker’s (No. 3), Mask’s (No. 4), and Mask’s (No. 5), etc., and taken the kitchen’s kitchen (No. 1, a blade’s length, 18cm in total length, 30cm in total) in his possession into the victim, 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

Accordingly, the defendant took a deadly weapon in cash owned by the victim.

(b) Crimes committed on February 1, 2014;

On February 1, 2014: around 52, 01: Around 52, the Defendant was a victim’s oil before GS25 convenience stores located in Eunpyeong-gu Seoul Metropolitan Government,* (43 years old) Seoul 32 company****** the same day after getting on the back seat of Hosi, and went back to the head of Eunpyeong-si Hospital near the Eunpyeong-gu Seoul Metropolitan Government 01:58 at around 01:58 at around 11-12.

A. The Defendant, while preventing one’s identity from being exposed to the kitchens, glads, etc., was in possession of the Defendant. A. The Defendant taken the kitchen knicks written in the port to the victim, and then booms the victim with the money that he does not want to die, and then died of money. The Defendant got off the victim’s cash 60,000 won in the taxi.

Accordingly, the defendant took a deadly weapon in cash owned by the victim.

2. Robbery reserve forces;

On February 2, 2014, 202: around 38, the Defendant, while possessing the kitchen blades, caps, fences, etc. as described in paragraph (1) to be used for committing the crime, with a view to robberying at around 38, and prepared robbery before GS25 convenience points in Eunpyeong-gu Seoul * Seoul 31 * * boarding the taxi and preparing robbery.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police officer Kim * number, U.S.* present, Han decoration*

1. A report on the occurrence of an investigation and a report on the investigation (Attachment, such as black stuff images and caps photographs, suspect specification, etc.);

1. One kitchen-car (No. 1), one hair-and-child (No. 2), one square meter (No. 3), one square meter (No. 4), one Masck (No. 5) and one square meter (No. 5);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 334(2) and (1), and 333 of the Criminal Act (the point of special robbery and the choice of limited imprisonment) / Article 343 of the Criminal Act (the point of preliminary robbery)

2. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Punishment and Pronouncement of Criminal)

1. 30. Aggravation of concurrent crimes with punishment prescribed for special robbery;

3. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

4. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

5. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act

1. Scope of recommended types based on the sentencing criteria;

(a) Each special robbery;

[Determination of Type] Special Robbery of Robbery

[Special Convicts] - Reductions (Non-Provision of Punishments)

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 4 years

[Standard for Handling Multiple Crimes] Two to Six years of imprisonment (The maximum of the sentence range for special robbery plus 1/2 of the maximum of the sentence range for special robbery)

(b) Preliminary Crimes of robbery: The sentencing criteria are not set. The sentencing criteria are not set. Since the crimes of respective special robbery for which the sentencing criteria are set and the robbery preliminary crimes for which no sentencing criteria are set are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit of the sentence scope shall be two years and six months from imprisonment, which is the lower limit of the sentence scope of special robbery.

2. Determination of sentence;

As indicated in the judgment, the Defendant took a deadly weapon against the victims who operate a taxi at a late time, and took the property into consideration the shock and fear of the victims. Accordingly, in light of the shock and fear of the victims, the Defendant’s liability cannot be deemed to be less than that of the Defendant.

However, the defendant's age, character and conduct, family relationship, and the fact that the amount of damage caused by the crime of this case is minor, the defendant seems to have committed the crime of this case in order to raise his father's hospital expenses and living expenses, and the motive of the crime of this case is to be considered. The defendant is led to the confession of the crime of this case, the defendant is divided in depth into the crime of this case, and the victims do not want the punishment any longer by asking the victims, the defendant has no criminal power over the suspension of execution or more, and the social relationship of the defendant seems relatively clear, shall be taken into consideration as normal circumstances favorable to the defendant.

The punishment shall be determined as per the order, comprehensively taking into account the circumstances and results of the crime, the situation after the crime, and the conditions of sentencing as shown in the records and pleadings of this case.

Judges Ha Sung-woo

Judges Park Sang-hoon