2012Gohap70 Robbery (a quasi-special robbery recognized as a crime)

A

Minimum annual (prosecution), compensation (trial)

Attorney B (Korean National Assembly)

September 18, 2012

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

However, the execution of the above punishment shall be suspended for a period of five years from the date this judgment became final and conclusive. The seized one (No. 1) shall be forfeited from the accused.

Criminal facts

At around 03:10 on February 10, 2012, the Defendant: (a) prepared in advance to the E-real estate office operated by the victim D in Daejeon-gu, Daejeon-gu, and has broken off the door door door by 16,00 meters (30cm in length) which is a deadly weapon; (b) intruded into the victim D with cash of 16,00 won in the face, and (c) cut off the victim D-owned tobacco of 164:50 won in the display room, which was in the victim D-owned in the face of the face, and was cut off to F’s employees G (ma, 30 years of age) of the guard company for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. Statement made to D by the police;

1. Records and lists of each seizure, and photographs of seized articles;

1. A criminal investigation report (general);

1. Application of Acts and subordinate statutes to photographs on the scene of damage, tobacco that the defendant stolen, or medical examination vinyl in which tobacco was inserted;

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

Articles 335 and 334(2) and (1) of the Criminal Act (Optional to imprisonment with prison labor);

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

1. Scope of sentencing under Article 48(1)1 of the Criminal Act: Imprisonment with prison labor for a period of two years and six months or more from June to December, 15; the scope of recommending sentences based on sentencing guidelines;

[Types of Crimes] Robbery, General Criteria, Special Robbery (Type 2) / [Special Mitigation] / [Recommendation Area] Basic Area ( Imprisonment with labor for three years or more to six years)

3. Criteria for suspension of execution;

[Unlawful Elements]

○ Major Grounds

Use of previous and dangerous articles for the same kind of crime

○ Major Grounds

Some of the victims who were not punished;

○ General Reasons

- Serious reflector

· The health condition of the defendant is not very good

- Determination of sentence, sentencing

【Unfavorable Circumstances】

○ The Defendant committed the instant crime again even though he had served ten times as sentenced to punishment for the same crime.

At night, a person intrudes into another person's office glass, uses a deadly weapon, and assaults another person by using it for this purpose.

【Free Circumstances】

○ The amount of money and valuables stolen is not high.

○ The fact that most damaged goods were recovered and the degree of damage was not so significant is that ○○ Victim G is the Defendant’s wife.

○ The positive elements of the suspended execution as seen earlier

【Other Conditions】

○ Defendant’s age, health status jury verdict, and sentencing opinion

1. A verdict of guilt or innocence;

Punishment of a jury with seven full-time jury;

2. Opinions on sentencing

Jurors: Imprisonment for two years and six months, and five years of suspended execution;

The presiding judge and assistant judges;

Judges Jeon Jinio

Judges Secretary-General;

1) G, a quasi-special robbery victim with respect to ‘not to punish' among those subject to special mitigation, states that G, a quasi-special robbery victim would have a prior wife in this Court, but is thief damage.

D Since the person stated in an investigative agency that he/she wishes to punish a defendant, the following sentence shall not be considered as a special mitigation, and the following sentence shall be determined:

The circumstances favorable to the defendant should be considered in light of the circumstances.

2) From 1953 to 1998, the Defendant had been sentenced to criminal punishment for the same kind of crime, such as larceny and robbery, robbery, injury by robbery, etc. on more than ten occasions, and five years ago.

There is a record of being sentenced to 6 months of imprisonment with prison labor for a special larceny crime in 2007.