2013Gohap 126 Robbery, injury by robbery, and intrusion by residence

M. M.O. (G. 78 years old, South) G. H. and Gryry Industry S.

Housing Olsan City

Seoul basic domicile

State of jurisdiction (prosecutions) and authorized number (trials) (trials)

Attorney Kim Young-il (Korean National Assembly Line)

April 2, 2013

A defendant shall be punished by imprisonment for four years.

Criminal facts

On February 3, 2013, the Defendant resided in Cheong-dong apartment 115 Dong 404 and on February 12, 2013, and returned home after completing night work around 00:0, while smoking tobacco and boarding the 115-dong 8th floor of apartment, the Defendant attempted to take money and valuables at the victim’s residential premises, with the view that the victim’s Ro-R (the 30-year age) residing in 804, such as the son, is mixed in the apartment, and that the son was mixed in the apartment, and that the Defendant took money and valuables at the victim’s residential premises.

피고인은 2013 . 2 . 3 . 12 : 10경 피해자의 집 앞에 이르러 , 피해자가 현관문을 열어놓 은 채 청소를 하고 있는 것을 발견하고 피해자에게 다가가 " 아래층 사는 사람인데요 , 아버님께서 암 수술을 받으신 지 얼마 되지 않았는데 , 밤 10시 정도만 되면 위층에서 쿵쿵거리는 소리가 들려서 그러는데 혹시 집에 러닝머신이 있는지 확인해 보아도 될까 요 . " 라고 말하고 , 이에 피해자가 " 러닝머신이 없는데요 . " 라고 하였음에도 재차 " 그래도 확인하고 싶은데 양해를 부탁합니다 . " 라고 말하여 피해자의 허락을 받은 뒤 약 10여 분 동안 피해자의 집 구석구석을 살펴보았다 .

After about five minutes, the defendant found that he was in the vicinity of an apartment apartment 8th floor, and found that the victim discarded waste, gets out of the elevator and get out of the eightth floor, and that the victim Da Da Da Da d d 806 "I am "," and the victim "I d d kn't g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g.

At around 12:30, the Defendant confirmed that the victim was mixed with his house, as above, she was 12:0,000, after lending her pentle, she was 12:00,000, and she was a person who lent her pentle, and she was able to see see her pentle.

The Defendant continued to break down the victim's shoulder and part of his arms that had been in the front place of the new site by pushing the victim's shoulder and part above the floor, and then throwing the victim's head with his left hand behind the victim's back, and forced the victim's head to take the part of the string to the degree of tearing into the body of the victim, and "I want to sing to sat." "I want to sat." The victim's body behind the body and satisfe, the victim prepared to sat the victim's body before entering the body, and the victim's body, which is an object of the above examination, satisfying the victim's face, sating it over the part of the victim's face, and re-sating the victim's body, and satisfy the victim's body "in the process, it means the victim's satisfying the victim's body and needs to take a warning for two weeks treatment.

Although the Defendant tried to assault the victim and forcibly take money and valuables, the Defendant did not commit an attempted act by opening a string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 205

Accordingly, the defendant invadedd the victim's residence, and tried to forcibly take money from the victim, but the defendant committed an attempted crime and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written diagnosis of injury;

1. Photographs photographs of victims and CCTV photographs of suspects;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 337 (Influence of Robbery, Selection of Imprisonment) Article 319 (Influence of Residence)

Punishment Selection)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Penalty Provisions concerning Robbery and Bodily Injury by Robbery)

Aggravation for concurrent crimes with punishment

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act. Article 55(1)3 of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)

Reasons for sentencing

1. The scope of punishment;

Imprisonment with prison labor for not less than three years and six months, and not more than 16 months;

2. Application of sentencing standards

(a) The crime of robbery and injury caused by judgment;

[Types of Crimes] Type 2 in the event of robbery, and the result of injury (Special Robbery)

[Special Convicts] Reduction element - The occurrence of injury result, but the basic crime is committed as attempted.

In the case

[Scope of Recommendation] Reduction Area, Imprisonment with labor for not less than three years, not more than six years;

(b) Crimes of intrusion upon residence as indicated;

No sentencing criteria shall be set.

(c) Application of standards for handling multiple crimes;

Since multiple criminal guidelines are established for concurrent crimes under the former part of Article 37 of the Criminal Act between the crimes for which the sentencing guidelines are set and the crimes for which the sentencing guidelines are not set, the minimum of the punishment shall not be applied directly, but the minimum of the punishment shall be determined by the lower limit of the sentence range in accordance with the sentencing standards for robbery and injury.

D. Scope of recommendations for sentencing standards

Imprisonment with prison labor for not less than three years and not less than six years (in consideration of the lower limit of the applicable sentencing);

3. Determination of sentence;

The circumstances favorable to the trial process of this case (the defendant has no previous department, who supports the head, the head, and the head of the Gu, and is suffering from economic difficulties due to the surgery expenses of the mother's father, etc.) and unfavorable circumstances (in spite of the fact that the mental shock of the victim's receipt of the crime of this case seems to have considerably occurred due to the crime of this case, it does not appear that the victim is making efforts to reach an agreement with the victim. The victim also wishes to punish the defendant. The defendant seems to have colored the object of the crime of this case before the crime of this case, and it appears that the crime of this case was bad in terms of the nature of the crime of this case, such as intrusion upon the victim's residence while seeking back the atmosphere, etc.), and other circumstances such as the defendant's age, character and behavior, intelligence and environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, family relation, etc. shall be determined in consideration of the term of punishment.

It is so decided as per Disposition for the above reasons.

Judge Lee Jae-young

Judges Park Young-sik

Number of judges exclusive;