209Gohap227 A. Robberys

(b) Injury by robbery;

(c) Violation of the Punishment of Violences, etc. Act;

(d) Special larceny (known larceny);

(e) Larceny;

(f) Violation of the Road Traffic Act;

1. (a)(c)(d)(f) A;

2.(c). (d) B

3.(c) b. D. C

Park Jong-il

Attorney D (Korean Tribunal for the defendant)

November 6, 2009

Defendant A shall be punished by imprisonment for life, Defendant B and C, respectively, for six years.

One strings (No. 3), one lids (No. 5), one strings (no. 1 cm in length, 3.4m in length) (No. 8), one yellow tape (No. 9) shall be confiscated from Defendant A.

Criminal History Office

1. Defendant A:

(a) On March 24, 209: The victim's remaining knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

B. On July 1, 2009, the Defendant discovered that the key is posted without correction of the K rocketing car owned by the victim J at the parking lot located in the racing-si I around the first half of the beginning of July 2009, and operated the vehicle by driving it, thereby thefting the said vehicle (the market value of KRW 1.5 million) by means of driving it; without obtaining a driver’s license;

(1) On March 24, 2009, a person drives a Spanish car on the road near Spanish-dong in Changwon-si, and (2) from March 24, 2009 to March 22:26, 2009 to 23:10, a person drives a distance of about 28.5 km from the road at the entrance of the Gri-si, Changwon-si to the front day of the H.

(3) On July 7, 2009, between 02:07 and 03:07, a person drives approximately KRW 25 km from the n side way of Changwon-si to the front day of the P High School located in 0 Changwon-si, Changwon-si, on board the said M taxi;

(4) On the roads near Sung-dong-dong-dong, Seocho-si, 2009, K rocketing car as described in paragraph (b) above; and

2. The Defendants: (a) around July 6, 2009, at the place of residence of Defendant A in the Qel Round of Qela Si, Changwon-si; (b) the passengers who pretended to take the taxi in the above way, and thereafter came into a four-way place; and (c) the passengers came into a four-way place; and (d) the Defendants conspired to force the taxi officers to take money and valuables by using a deadly weapon, waves, tape, etc.; and (

A. On July 7, 2009, around 01:29, at the front of T-owned taxi located in S Changwon, Defendant A pretended to be a customer of the victim U (58 years of age) driving, Defendant B was on the back of the driver’s seat, Defendant C was able to take away respectively on the back of the steering seat, and Defendant A was able to open the victim’s face door at the victim’s entrance to prevent the victim from blinding the victim while moving the si, and then the Defendants explained detailed methods of action in the mother of the Defendants in order to prevent the victim from blind the victim’s walking at 01:58 years of age. Defendant B was able to remove the victim’s face from the back of the 7-day driver’s license to the back of the 58-day driver’s license, and to remove the victim’s face door to the front of the 3-day driver’s license to take off the victim’s face from the front of the 4-day driver’s license.

B. Around 02:07 on July 7, 2009, Defendant A driven the said taxi on the surface of the window in Changwon-si, Changwon-si, X-si, and the noise paid by the victims confined in the tring line was set up in a tring line on the ground of the victim with a complete reflection of the above tring line, and the victim was set up at the tring line, and the victim was set up at the tring line, and sent a warning to the victim to the tring line, with the noise paid by the victims confined in the tring line, around 02:32 on the same day.

The string of the string of the head of the Tong and the victim discovered a percentage 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 thring 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 20th and the 2ndring of the 2nds of the 2nd at the 3thring of the 203rd of the 2.

3. Defendant C, without obtaining a driver’s license on July 12, 2009, driven a car in the Spanish as stated in Section 1(c)(1) on the roads near the Spanish city.

Summary of Evidence

[Judgment of the court below]

1. The defendant A's partial statement

1. Statement of seizure by police of March 25, 2009 (Articles 999 through 1004 of the Investigation Records)

1. A written autopsy report and a written autopsy and appraisal report;

1. Each report on actual condition;

1. A screen screen of a victim's taxi tacota;

1. Investigation report on the details, etc. of the collection of vehicle sets owned by A;

1. Registers of driver's licenses (registration No. 1031 of the Investigation Records);

【The facts of paragraphs 1-b, 1-3 and 1-4 of this Article】

1. Defendant A’s legal statement

1. Written Statement;

1. Registers of driver's licenses (registration No. 1031 of the Investigation Records);

[Judgment of the court below]

1. Defendants’ respective legal statements

1. Statement by the police of U;

1. A protocol of seizure of police officers dated July 7, 2009;

1. A medical certificate;

1. A victim photograph;

1. Each investigation report (STV attachment, comparison, and confirmation);

1. Details of transactions (investigative records No. 1541 pages);

1. Registers of driver's licenses (registration No. 1031 of the Investigation Records);

[Judgment of the court below]

1. Defendant C’s legal statement

1. Investigation reports on the details, etc. of the collection of sets of vehicles owned by A;

1. Judgment on the issue of the ledger of driver's license (No. 1032 pages of the Investigation Record)

1. Summary of Defendant A’s robbery that is the part of the crime committed by Defendant A

The above defendant and his defense counsel denied the criminal intent of robbery by asserting that the defendant did not intend to kill the victim at the time of committing the crime, although the victim threatened the victim with an industrial knife in order to take the victim's property by force at the time of the crime of Paragraph A of Article 1 of the above defendant's judgment, it is not well known how the victim's knife would be cut.

2. The judgment of this Court

A. The crime of robbery is established by killing a person. On the other hand, the crime of murder does not necessarily require the intention of murder or planned murder in the crime of murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to one’s own act, and its recognition or predictability is not definite, but it is so-called willful negligence. In the case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder should be determined by taking into account the objective circumstances before and after the crime (see Supreme Court Decision 2006Do734, Apr. 14, 2006).

B. According to the evidence examined earlier, the Defendant prepared for the crime of robbery with the intent of committing the crime of robbery at the time of the above crime and took advantage of the victim in advance, such as strings, emptys, and industrial knicks. ② The Defendant left the victim’s neck by using an empty space prepared for the crime of the above crime, and 1 minute of the victim’s knife with her face by using the knife of 0 knife and 1 minute The victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif k knif.

In full view of the circumstances leading up to the above crime, the method and risk of using the air knife, string, industrial knife, the body and depth of the victim’s upper condition, the blood volume, the corrosion and repetition of the attack, and the possibility of the occurrence of the death, etc., it is reasonable to view that the Defendant, at least at the time of the above crime, had the possibility of causing the death to the victim, or at least there was the awareness or expectation of the risk of the death, i.e., the Defendant and the defense counsel’s assertion.

Application of Statutes

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

(a) Defendant A: the first sentence of Article 338 of the Criminal Act (the point of robbery and the choice of life imprisonment), Article 329 of the Criminal Act (the point of larceny against the victim J), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of free-of-face driving, the choice of imprisonment), Articles 337 and 30 of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violences, Articles 276(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act (the point of robbery against the victim V bank), Articles 329 and 30 of the Criminal Act (the point of larceny against the victim V bank),

B. Defendant B: Articles 337 and 30 of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Articles 276(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act (the point of confinement). Articles 329 and 30 of the Criminal Act (the point of larceny against the victim V banks, the choice of imprisonment). Defendant C: Articles 37 and 30 of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Articles 276(1) and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 152 of the Criminal Act, and Article 43 of the Punishment of Violences, etc. Act (the point of confinement)

1. Punishment of concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)1, and Article 50 of the Criminal Act (i.e., life imprisonment for robbery with the largest punishment)

1. Aggravation for concurrent crimes;

Defendant B and C: The former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the offense of injury by robbery with the largest punishment)

1. Discretionary mitigation;

Defendant B and C: Each of the Articles 53 and 55(1)3 of the Criminal Code (the following favorable circumstances described in the sentencing grounds):

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

Grounds for sentencing

1. Defendant A

The scope of the sentencing guidelines for the crimes committed by Defendant A (hereinafter referred to as “Defendant” in this paragraph) is as follows: (a) imprisonment with prison labor or imprisonment with prison labor for a term of 12 years or 15 years, if the result of death occurs among the robbery crime group in the sentencing guidelines (the robbery), which falls under the basic area of the type 2 (Robbery). (b) The above assertion is argued to fall under the aggravated area because the prosecutor has no special mitigation, and only there exists a special special person, but the above assertion is not accepted). The defendant is led to the confession of each of the crimes in this case as a substitute, and the age of the defendant is over 20 years, and there is no criminal power; and (c) the fact that the defendant is an external situation that there is no person who does not look at the remote land in this case, etc., and there is no other extenuating circumstances to determine the sentence against the defendant.

However, the Defendant committed a crime in a planned manner, such as holding a taxi robbery and preparing criminal tools for the commission of the crime on the ground of insufficient money; cut off the taxi to an empty disease during the course of the crime; cutting off the string of the string with the string; cutting off the string of industrial strings; resulting in the victim’s death; thus, the victim was significant and harsh; even after committing the crime above, the victim was driving the string of the string of the string and moving 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 string of the 2nd.

In light of all the circumstances, such as repetition of a crime, the subjective malicious or social risk of the defendant is not large.

In addition, the defendant's above act suffered physical and mental pain that could not be easily cured, and even in the future, it seems difficult to hedging from the superior situation and shocks that could not be recovered for a considerable period of time. However, in light of the fact that the defendant did not make any effort to recover damage or damage, the crime quality of the defendant is extremely heavy. Thus, the defendant should be sentenced to heavy punishment corresponding to the result of the act.

However, considering the fact that the defendant did not seem to have any subjective intention to proceed to murder from the beginning, the punishment against the defendant shall be determined by life imprisonment, comprehensively taking into account the defendant's age, character and conduct, motive and method of committing the crime, circumstances after committing the crime, and all of the sentencing conditions shown in the records and arguments of the case.

2. Defendant B, C

[Scope of Punishment] Imprisonment of 3 years and 6 months to 11 years and 3 months;

【Special Indecent Injury】

[Scope of Recommendation] Field 2 (Special Robbery), Aggravation (Serious Robbery), 6 years to 10 years of imprisonment

[Scope of modified Recommendations] Imprisonment for not less than six years (Concurrent Crimes without Sentencing Criteria)

[General Persons] The method of crime, the nature of crime, and the degree of danger

[General Mitigation] Voluntary reflector, there is no history of criminal punishment, and Defendant A's leading to the crime.

[Determination of sentence] The above sentencing conditions and the Defendants’ age, character and conduct, environment, means and consequence of the crime, and all of the sentencing conditions as shown in the argument of the instant case, including the circumstances after the crime, shall be sentenced to six years, respectively. It is so decided as per Disposition for the above reasons.

Chief Judge Park Jong-chul

Judges, real leaves

Judges Kim Dong-hee