Defendant

Clerks, abnormal citizens (public trial)

Attorney-at-Law (Korean)

A defendant shall be punished by imprisonment for seven years.

【Criminal Power】

On April 28, 2011, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for special robbery, etc. and completed the execution of the sentence on March 17, 2013 at the Net Prison.

【Criminal Facts】

On August 3, 2013, at around 12:30, the Defendant entered the “○○○○○○○○○○○,” the operation of the Nonindicted Party (hereinafter referred to as “the victim”), Nonindicted Party (hereinafter referred to as 47 years of age), who is located in Mapo-si, Mapo-si, and ordered the victim to order the four diseases of beer and calculated the drinking value of KRW 20,00,000,000,000,000,000 won, and received an additional order for KRW 2.60,000,000,000

After that, at around 15:40 on the same day, the Defendant ordered two-way disease to the victim, and the victim's "First, calculated and ordered orders" had the victim induced and assaulted the victim who received the request, to avoid paying the drinking value. The Defendant did not go against the victim's face by preventing the victim from going to the victim's seat with his hand, and intending to escape with his/her hand when he/she was able to escape with his/her hand in the victim's body and with his/her hand in the vicinity of the victim.

As a result, the Defendant exempted the payment of the drinking value of KRW 260,000,00 to the victim, acquired the same pecuniary benefits, and inflicted bodily injury on both arms and elbows requiring treatment for about two weeks.

1. Defendant's legal statement;

1. Statement of the police statement of the Nonindicted Party

1. A written diagnosis of injury and a receipt;

1. Assault photographs of the victim;

1. Previous convictions indicated in judgment: Results of prisoner search, inquiry report, investigation report (attached report, such as a written judgment);

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

Article 337 (Selection of Imprisonment with Labor for Abandonment)

1. Aggravation for repeated crimes;

Article 3 of the Act on the Punishment of Specific violent Crimes and the proviso to Article 42 of the Criminal Act.

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. The scope of punishment by law: Imprisonment for not less than seven years but not more than 25 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] In the event of robbery, In the event of a result of injury, Category 1 (General Robbery)

【Special Convicted Persons】

○ Persons under special circumstances: None of them;

○ Special mitigationist: Minor injury

[Recommendation Area] Reduction Area, 3 to 6 years (in the case of a repeated offense, the upper and lower limit of the scope of sentence shall be increased by 1.5 times each, in the case of a special lecture)

[Scope of the revised sentencing] Imprisonment for not less than seven years [the lowest limit of the sentencing range by sentencing guidelines is lower than the minimum limit of the applicable sentencing range by law]

3. Determination of sentence: Seven years of imprisonment; and

In light of the fact that the Defendant committed the instant crime again within five months after the completion of the execution of imprisonment with prison labor due to special robbery, etc., there is no evidence to deem that the Defendant made a serious effort to recover from damage, and that the victim maintains his intent to punish the Defendant because he did not agree with the victim, and that the crime of robbery in this case is a serious crime of life imprisonment or imprisonment with prison labor for not less than seven years, it is inevitable to strictly punish the Defendant.

However, the defendant's confession of the crime of this case is against the defendant, the amount of damage or the degree of injury is relatively minor, and the sentencing of the same kind of case is based on the sentencing precedent, and other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, shall be determined as per the disposition.

Judges Hatho (Presiding Judge) Jatho