Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 6, 2020, the Defendant, at around 12:17, 2020, tried to purchase the victim E (Nam and 25 years of age) through D “D” on the front side of the C Burial located in Silung-si B, Silung-si, and attempted to use the above gold sheet as it is while only one gold sheet equivalent to KRW 15,200,000 at the market price to purchase from the victim E.

피고인은 피해자 E로부터 추격을 당하여 약 30ｍ 떨어진 곳에서 붙잡히게 되자 체포를 면탈할 목적으로 주먹으로 피해자 E의 얼굴 및 관자놀이 부위를 각 1회 때리고, 계속해서 피고인을 뒤쫓아 온 피해자 E의 친구인 피해자 F(남, 25세)의 다리부위를 발로 1회 걷어찼다.

Accordingly, the defendant abuseds the victims for the purpose of stealing property and evading arrest.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement E, and each police statement of the F to each police officer’s protocol screen of the CCTV outside the C-Sto-Sto-Sto-

1. Articles 335 and 333 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months, but not more than 15 years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), robbery, general standards, and simple assault and threat [recommended area] mitigated area of punishment [recommended area] to 1 year and 6 months, and not more than 3 years, to evade arrest of Type 1 (General Robbery];

3. Determination of sentence: Imprisonment with prison labor for a year and six months, probation for three years, probation for one year, and community service order for 80 hours, the crime of this case was committed by the defendant who stolen the gold sheets equivalent to the market price of 15,200,000 won, and committed assault against the victims.