【Criminal Power】

On September 4, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court for one year and six months, and by obstructing the exercise of rights, and the execution of each of the above punishment was completed on January 6, 2017.

[Criminal facts]

피고인은 2017. 9. 21. 02:42경 서울 중구 H에 있는 I 매장 앞 노상에서 타인의 재물을 절취할 것을 마음먹고 그 대상을 물색하던 중 중국인 여행객인 피해자 J(J, 여, 23세)가 핸드백을 메고 걸어가는 것을 발견하고 피해자 J의 뒤쪽으로 접근하여 피해자 J소유인 현금 180만 원, 중화인민공화국 화폐 386위안(한화 66,350원), 신용카드 4장, 시가 10만 원 상당의 구찌 지갑 등이 들어 있는 핸드백을 낚아챈 후 도주하던 중 그 주변에서 길을 걷고 있던 피해자 K(59세)가 피해자 J의 비명을 듣고 쫓아와 피고인을 붙잡으려고 하자 체포를 면탈할 목적으로 피해자 K의 손을 뿌리치면서 발로 피해자 K의 오른쪽 정강이 부분을 세게 차 넘어뜨렸다.

Accordingly, the Defendant committed assault to the victim K for the purpose of evading arrest after theft of the victim J's property and evading arrest.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of K witness K;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Statement to J police officers;

1. Lritten statements;

1. Investigation report (field search and investigation, and confirmation of suspect escape route), investigation report (suspect CCTV investigation related to the escape and arrest), Mel CCTV CDs, investigation report (CCTV video evidence analysis), and CCTV video CDs for crime prevention;

1. Photographss of damaged articles and images of victimK;

1. Previous convictions: Criminal records, investigation reports (report on confirmation of the facts of repeated crimes), and personal confinement status, results of inquiry into case summary information, and copies of judgment;

Application of Statutes

1. Article applicable to criminal facts;

Articles 335 and 333 of the Criminal Act

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 53 and 55 (1) of the Criminal Act)

Judgment on the argument of the defendant and defense counsel (the grounds for the crime)

1. Summary of the assertion

Although the Defendant recognized that the victim J was stolen from the victim J and fleded by the victim K, the Defendant did not intentionally commit an assault to the victim K in the process, the Defendant asserted the facts charged in the instant case to the effect that there was no intention to commit an assault to the victim K.

2. Determination

The following circumstances revealed through the evidence examined by this court, i.e., ① the victim K has heard from the investigative agency to the present court that certain women want to take the way, i.e., the victim K followed the Defendant by the Defendant, and scam on the road floor for a long time, and knew that the Defendant was a thief, and the Defendant’s shoulder by hand, who continued to drive the Defendant’s shoulder, was in excess of the right direction of the Defendant’s right direction due to the sudden shock of the Defendant’s shoulder. ② The Defendant also stated that the investigative agency consistently with the victim K, “The victim K suffers from the victim’s bridge,” and ③ it is difficult to find the Defendant’s motive to make a false statement due to the victim’s assault, and thus, it is difficult to accept the Defendant’s arrest in full view of the following circumstances.

Reasons for sentencing

1. The scope of punishment by law;

○ Imprisonment with prison labor for not less than one year and six months but not more than 25 years;

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

[Scope of Recommendation Form 1 (General Robbery) and mitigated area (one year and six months to four years of imprisonment).

【Simple assault to escape arrest of a person of special character

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., and all of the sentencing factors shown in the trial process of this case, including the circumstances after the crime, shall be determined as ordered.

The crime of this case was committed by assaulting the victim K for the purpose of evading arrest as the victim K was under a situation in which the victim J escaped away from the defendant K, and thus, the crime of this case was committed. In light of the content and circumstances of the crime and the risk of the crime, etc., the crime of this case was not committed by the victims, and the damage of the victims was not completely recovered. The defendant had a history of having been sentenced to imprisonment seven times for the same kind of crime. In particular, the crime of this case was committed again by eight months after the release of the defendant.

In favorable circumstances: The defendant appears to have committed assault against the victim K in a somewhat contingent manner to avoid arrest, and the degree of assault committed by the victim does not exceed the degree of assault committed by the victim compared to assault in ordinary robbery. The defendant is arrested at the scene and has no profit acquired by the crime of this case.

Judges

Judges Han Han-chul