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(영문) 서울중앙지방법원 2017.7.7. 선고 2017고합496 판결

강도상해,상습도박

Cases

2017Gohap496 Robbery, Habitual gambling

Defendant

A

Prosecutor

Personality (prosecution), reflectiveness (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

July 7, 2017

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

one half-wheeled half-wheeled (White), one half-wheeled (Evidence 1), one half-wheeled (Color 2), one half-wheeled (Color 3), two-wheeled (Color 3), one turn-on 1,000 (Evidence 4), one shopping white (profin 4), one verification horse 5 (Evidence 6), one verification horse 1 (Evidence 6), one knife (profin 6), one knife (profin 8), one knife (profin 8), one knife (profin kin knif knif knif knif knif knif knif knif knif knif knif knif knif knif knif knif knif knif kn)

Reasons

Criminal History 1)

On September 6, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of habitual gambling at the Seoul Central District Court.

On April 2017, when the Defendant satisfying loans, etc. on the Internet gambling and raising money, the Defendant cited a knife (23cm in total, 12.5m in length) with a deadly weapon (23cm in total, 12.5m in knife) located on the house to raise money, and applied the method of committing the crime to the real estate agent office, the Defendant satisfyed that there are many cases where only female licensed real estate agents work as a mixed real estate agent, and visited the office of licensed real estate agents as if he rents the knife and visited the office of licensed real estate agents, and deposited money with the Defendant’s account designated by him by threatening the licensed real estate agents at that place. In order to follow the investigation agency’s tracking, the Defendant satisfed with money deposited in charge account of the game money in the knife Internet gambling site.

1. Injury by robbery;

On April 27, 2017, the Defendant prepared tapes, etc. to be used for committing the crime, and discovered that the victim E (V, 56 years of age) who is a licensed real estate agent in Gangnam-gu Seoul, had worked as a mixed customer, and demanded that the above victim access to the above victim and “scambling if there is no room for straw.” The Defendant threatened the victim with the above knife and opened the knife in Seoul FF 502 with the victim’s instruction and opened the knife and opened the knife as the knife, and sent the victim’s head to 16:3:0 on the day when the victim’s knife and knife the victim’s knife 1:0 on the day when the victim’s knife 1:30 on the day when the victim’s face and knife 1:3:0 on the day when the Defendant received the victim’s face to 9:000 on the day of the Internet website (G).

In this process, the defendant took a total of 45 million won from the victim, and suffered from injury to the victim, such as a multi-lateral typile in need of treatment for about 15 days, climatic base salt, and acute stress reaction that require treatment for about 4 weeks.

2. Habitual gambling;

On April 28, 2017, the Defendant connected the Internet gambling site (G) at the Defendant’s residence located in the Guri-si M and Dadong 202, and exchanged KRW 50,801,000 in the name of the Nonghyup Bank (N3) account in the name of No. 50,801,000 in the account of No. 1 (0) with the money deposited in its account as referred to in paragraph 1, with the money deposited in its own account, and distributed it in sequence to 'forth cards 2 or 3' and ‘banks', and the sum of the number of the card is as close as 9 times in which the sum of the card numbers is close to 9.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of P and N;

1. E statements;

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

1. Victim text messages, printed materials of account transactions, reports on the on-site identification, photographs at the scene of the crime, and photographs, injury diagnosis documents, copies of passbooks, copies of R obligation records, and treatment of S Council members by taking a P Qf;

Copy of records, gene appraisal statement

1. Each investigation report (on-site CCTV investigation, confirmation of the details of the agricultural bank account transaction used by the suspect during the commission of the crime, confirmation of the identity of the suspect, gathering of the oil paper, gene identification, etc. before and after the commission of the crime, identification of the fact that the defendant was set off in the southyang-dong Do-dong Do-dong Do-dong after the commission, criminal investigation before and after the commission of the crime, identification of the purchaser of the instrument of the crime, recall of the crime, etc. before and after the commission of the crime, DNA account collection in which the suspect stated, the course of obtaining the DNA account in which the suspect stated, the course of the crime, the identification of the number of knbs used during the commission of the crime, the identification of the victim's health, the confirmation of the victim's intent to punish the suspect, and the confirmation of the suspect's gambling site at the time of the case

1. Previous records of judgment: Criminal records, etc. and investigation reports (attached to habitual gambling cases);

1. Habitualness of gambling as indicated in the judgment: Recognition of dampness in light of the records of the crime, the method and frequency of the crime, and the repeated crimes of the same kind;

Application of Statutes

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

Article 337 of the Criminal Act (the injury by robbery, the choice of limited term) and Article 246(2) and (1) of the Criminal Act (the choice of imprisonment with prison labor covering habitually gambling),

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (However, to the extent that the long-term punishment for two crimes is aggregated)

1. Discretionary mitigation;

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

1. Confiscation;

Article 48(1)1 of the Criminal Act (Evidence 1 through 8)

Article 48(1)2 of the Criminal Act (Evidence No. 10, 11)

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for three years and six months; and

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

(a) Crimes of robbery and injury;

[Determination of Punishment] Type 2 (Special Robbery) where the result of an injury to a robbery has occurred

[Special Mitigation] Ad hoc Inspector

[Recommendation and Scope of Recommendations] Reduction Area, 3 years of imprisonment, 6 years

(b) Habitual gambling;

No sentencing criteria shall be set.

(c) Criteria for handling multiple crimes: Imprisonment with prison labor for not less than three years (the lowest limit of the recommended punishment for the crime of robbery and bodily injury by robbery for which the sentencing criteria are set and the crime of habitual gambling for which no sentencing criteria are set are set; and

(d) Scope of modified recommendations: Imprisonment with prison labor for not less than three years and six months (based on the statutory minimum range of applicable sentences, since the lower limit of applicable sentences is higher than the lower limit of recommended sentences in light of the law);

3. Determination of sentence: Imprisonment and three years and six months; and

The crime of this case was committed by the Defendant with a large number of obligations due to gambling. The victim, a licensed real estate agent, was induced to attract the victim to an empty place, threatened the victim with his knife by the tape, threatened the victim with his knife, and forced the victim to deposit money to the account designated by the Defendant, and habitually imprisoned with the said money. The defendant prepared the criminal implements, such as knife and Mack, tape, etc. in advance, had the victim deposit money with the Internet gambling game filling account used by the Defendant in order to follow the investigation agency's tracking, and had the victim deposit money with the Internet gambling game filling account used by the Defendant. After the crime, the victim moved to the place where his personal body was located after the crime, and concealed the criminal implements by making and implementing the criminal plan for the crime was inevitable after having interviewed and sealed. The victim has a large probability of criticism about the Defendant's act, and the victim suffered severe mental distress and fear of the defendant.

However, the fact that the defendant recognized his crime, there is no history of punishment more severe than the suspension of execution, N voluntarily submits money that the defendant remitted to his account to the investigation agency with the consent of the defendant, and the victim was temporarily returned to the investigation agency, the family members of the defendant remitted 5 million won to the victim under the name of medical expenses, and the defendant transferred 5 million won to the victim under the consent of the victim, and the fact that the victim did not want the punishment of the defendant should be considered as favorable circumstances for the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

Judges

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

Note tin

1) Some were corrected according to facts obtained through the examination of evidence without the amendment process, to the extent that does not disadvantage the defendant’s exercise of his/her right to defense.

2) The Defendant received KRW 43 million from the money deposited as set forth in paragraph (1) via an application for deposit of a game money to a game money (Investigation Records 285 pages).

3) On the above gambling site, only with a bank account in the same name as the depositor, the defendant exchangeds game money. The defendant sought K (victims) and Dong name in order to exchange his own game money and exchanged the game money without permission by finding out his account number and exchanging it with the above account without permission. N which became aware of the defendant's deposit of money in his own account was sent to the defendant (Investigation Record 291).

4) Since the phrase “50,800,000 won” in the indictment is obvious that it is a clerical error (for example, 356 pages) it shall be corrected as such.