(영문) 춘천지방법원 2015.8.21.선고 2015고합61 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

Text

Reasons

Judges

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2015.8.21.선고 2015고합61 판결

강도상해(인정된죄명폭력행위등처벌에관한법률위·반(집단·홍기등상해)},특수강도{인정된죄명폭력행·위등처벌에관한법률위반(집단·흉기등폭행)},강도예·비(인정된죄명폭력행위등처벌에관한법률위반(우·범자)}

Cases

2015 Highly 61 Robbery (the Act on the Punishment of Violence, etc. under Recognized Crime)

Bans (influorous injury by red, etc.) and special robberys (a recognized crime name violence)

Violation of the above Punishment Act (Assaults against groups, deadly weapons, etc.) and robbery;

b. Violation of the Punishment of Violence, etc. Act (as recognized)

【Criminal】

Defendant

○ Kim

Prosecutor

The prosecution, public trial, tear, satisfy, satisfy (public trial)

Defense Counsel

Attorney (National Assembly)

Imposition of Judgment

August 21, 2015

Text

1. The defendant shall be punished by imprisonment for four years;

2. One knife (No. 1) and nine knife (No. 2) shall be confiscated;

Reasons

Criminal facts

【Criminal Power】

On April 2, 2013, the Defendant was sentenced to six months of imprisonment with prison labor due to coercion in Gangnam Branch of the Chuncheon District Court, and on May 14, 2013, the execution of the said sentence was terminated.

【Criminal Facts (Preliminary Facts)】

1. A person who violates the Punishment of Violences, etc. Act;

A. On May 16, 2015, the Defendant: (a) discovered 20 women on the victim’s name in the new-op area located in Gangseo-gu, Gangnam-gu, 2015; (b) placed the knife, which is a dangerous object prepared in advance, into the knife, and driven away.

B. On May 16, 2015, at around 23:10, the Defendant: (a) discovered about 20 women in the name of another victim and carried the knife knife, which is a dangerous object, in the vicinity of the GS convenience store located in Gangseo-si, Gangnam-si; and (b) went away.

C. On May 17, 2015, at around 21:00, the Defendant: (a) discovered about 20 women in the name of another victim, and (b) carried the knife knife knife, which is a dangerous object, and driven away.

Accordingly, the defendant carried dangerous objects that are likely to be used for crime without justifiable reasons.

2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.);

On May 17, 2015: around 10, the Defendant put the knife knife, which is a dangerous object that had been prepared in advance before the Gangseo-si Gyeong River, into the knife, and continued to attract approximately 20 meters of the knife to the knife of the knife, by discovering the knife of the knife (nife, 28 knife). The Defendant waiting to pass ahead of the knife the knife of the knife.e., the knife., the knife., the knife.e., the knife., the knife.).

Accordingly, the defendant carried dangerous objects and assaulted the victim.

3. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.);

On May 18, 2015, at around 01:45, the Defendant put the knife knife, which is a dangerous object that had been prepared in advance in the street of Gangnam-si, into the main knife. Around 01:45, the Defendant found the knife and knife knife knife knife knife knife knife knife knife knife knife knife knife.

Therefore, when the victim gets her head, her head, her head, her being towed by the alley in the vicinity of the victim, and her head, her ice francing one time by drinking the victim, again her head, and her head knife the victim's knife with the victim's head knife.

피고인은 위와 같이 피해자를 때리던 중 피해자가 피고인에게 "제 머리를 잡고 끌고 가면 다른 사람들이 의심할 수 있으니까, 손을 잡고 가자"면서 애원하자 피해자의 손 을 잡고 부근에 있던 편의점 방향으로 가게 되었다. 피해자는 사람들이 있는 위 편의 점 부근에 다다르자 휴대폰으로 " 앞에 있으니 살려 달라" 고 전화를 하였고, 피고인은 위 휴대폰을 빼앗으면서 피해자의 배를 발로 찼다.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury to the victim, which is open in the part of the wood that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1.Protocol of each police statement on Gambling, Park ○, Yellow Sea, and Kim Il-il

1. Video CDs;

1. Police seizure records;

1. Each medical certificate and receipt for medical treatment;

1. CCTV images and each photograph;

1. Previous convictions in judgment: The current status of each judgment and personal confinement and confinement;

Application of Statutes

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of injury by carrying a deadly weapon), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of violence by carrying a deadly weapon) and Article 7 of the Punishment of Violences, etc. Act (the point of a person committing a crime and the choice of imprisonment)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Provided, That the scope of proviso of Article 42 of the Criminal Act shall be limited to the crime of violation of the Act committed against the punishment of each act of violence, etc. caused by carrying a deadly weapon, an injury by carrying

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in Article 3 when the punishment is sold with the largest penalty)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserted that the defendant was in a state of mental disorder due to the boundary-type disorder, shock control disorder, and other mental disorder at the time of the crime of this case. According to the evidence duly adopted and investigated by this court prior to the crime of this case, the defendant was found to have been diagnosed by the mental and medical doctor prior to the crime of this case, but he was found to have been diagnosed by the mental and medical doctor as the boundary-type disorder, shock disorder, shock control disorder, etc., but the defendant stated in detail before and after the crime of this case, and seems to have been aware that the situation before and after the crime of this case seems to have been accumulated in detail, and that the defendant could have sufficiently predicted what result may arise from his act of this case, in light of the course of each crime of this case, method and method of the crime of this case, and the circumstances before and after the crime of this case, it seems that the defendant was in a state of lacking ability or decision-making ability to change things due to mental illness at the time of each crime of this case, the above assertion was not accepted (the majority of jury (7:2).

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 50 years; and

2. Scope of recommended sentencing guidelines;

(a) First offense: Violation of the Punishment of Violences, etc. Act (a) ;

[Determination of Punishment] Type 1 of the Special Injury by Habitual Injury and Habitual Bodi Bodily Injury (Aggravated Injury in Habitual Injury and Aggravated Injury in Habitual Crime)

[Special Edifications] Reductions: Minor injury

In the event that a crime is committed against an unspecified victim, a crime that may be criticized;

Maritime Actioners

[General Persons] A planned crime, a repeated crime of foreign species

[Scope of Recommendation] Aggravation: Imprisonment for three years to five years

(b) Second offense: Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.);

[Determination of Punishment] Type 1 (Habitual, Injury, Special Violence) of Violence Crime Group.

[Special Aggravation] Aggravations: In the case of committing a crime against an unspecified victim, a person who may be criticized;

[General Persons] Planned Criminals, Non-identical Offenses

[Scope of Recommendation] Special Priority: Imprisonment from August to June 3

Crime for which the sentencing criteria have not been set;

(d) The scope of modified sentencing guidelines: Three to six years of imprisonment (=five years of the upper limit of the sentencing guidelines for basic crimes + One year and nine months of the upper limit of the sentencing guidelines for secondary crimes: Provided, That there is no sentencing guidelines for the crimes against a person who commits a violation of the Punishment of Violences, etc. Act, which is a third crime, due to the absence of the sentencing guidelines for the crimes against a person who commits a violation of the Punishment of Violences, etc. Act, the lower limit of the sentencing guidelines (three years); and

3. Whether to suspend the execution: Illegal (Disqualifications for suspended execution);

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

Each of the instant crimes committed by the Defendant, carrying a lethal weapon three times and driving away the victims, threatening the victims by using a deadly weapon two times, and, in the course of going back to the four-dimensionalway, the victims were injured or assaulted. In view of the fact that each of the instant crimes committed against unspecified women, which is extremely poor in the nature of the crime in light of the risk of the relevant method and the seriousness of the outcome, etc., each of the instant crimes was committed during the period of repeated crimes, and that each of the instant crimes appears to have suffered serious mental and physical pain of the victims due to each of the instant crimes, and that the Defendant was unable to receive a letter from the victims because it did not agree with the victims, severe punishment against the Defendant is necessary.

However, even though the defendant was unable to properly adapt to school life or social life under the circumstances where he was physically or mentally unable to prevent each of the crimes of this case in the state where he was physically or mentally disabled, he was unable to receive proper care from home and society, and thus, he was unable to look at the fact that he was responsible for each of the crimes of this case. Thus, the defendant's age, family relation, and motive for committing the crime of this case shall be considered as favorable circumstances for the defendant, and the sentence of four years shall be imposed in consideration of all the sentencing factors indicated in the arguments of this case, such as the defendant's age, family relation, and motive for committing the crime, and the sentence

The non-guilty part (mainly charged part)

1. Summary of the facts charged

On May 15, 2015, the Defendant: (a) Doing to go through a house and living at a dosium; (b) Doing out from May 15, 2015, the Defendant her house at the Defendant’s house located in Gangnam-si, resulting in her clothes; (c) discovered a kack-kick, which is a dangerous object; and (d) Doing to commit robbery against young women on the ground that the money needs to be used on May 16, 2015.

(a) Robbery reserve forces;

1) The Defendant, at the time and place indicated in the No. 1-A of the holding, prepared robbery, such as detecting 20 women in the victim’s name infinites, and putting the knife knife, which is a dangerous object prepared in advance, into the knife, and taking away property by force.

2) The Defendant, at the time and place as indicated in Article 1-2(b) of the holding, prepared robbery, such as detecting 20 women in the name of another victim, and inserting the knife knife, which is a dangerous object prepared in advance, into a knife and knife the knife in order to forcibly take property.

3) The Defendant, at the time and place as indicated in paragraph 1-C of the holding, prepared robbery, such as detecting 20 female women on the victim’s name infinite and inserting the knife knife, which is a dangerous object prepared in advance, into the knife, and taking away the knife into the knife to force the water.

(b) Special robbery;

The defendant put the knife knife, which is a dangerous object prepared in advance at the time and place specified in Paragraph 2 of the holding, and found the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The Defendant continuously led approximately 20 meters of the victim's neck while she saw the victim's her life at the same time, and she saw the victim's her neck at the same time, and she sponsed the victim's resistance, and she sponsed the victim's her cellphone 6 mobile phone at the market price of one million won owned by the victim.

Accordingly, the defendant took a dangerous thing and took the victim's property forcibly.

The defendant put the knife knife, which is a dangerous object prepared in advance at the time and place specified in paragraph (3) of the judgment, into the main machine, found the victim's knife knife knife knife and knife knife knife knife knife knife with the victim's knife and knife with the victim's knife, sound or knife knife with the victim's knife." The victim knife knife knife knife knife knife

The Defendant: (a) committed noise as above, led the victim’s hair to the head of the victim; (b) pushed the victim’s alley in the vicinity; (c) took the victim’s face one time in drinking; (d) took the victim’s face once again; and (e) took the knife the victim’s knife, knife the victim’s knife.

피고인은 위와 같이 피해자를 때리던 중 피해자가 피고인에게 "제 머리를 잡고 끌 고 가면 다른 사람들이 의심할 수 있으니까, 손을 잡고 가자 "면서 애원하자 피해자의 손을 잡고 위와 같은 장소 부근 편의점 방향으로 가게 되었다. 피해자는 사람들이 있 는 위 부근에 다다르자 피해자 소유의 시가 100만 원 상당의 갤럭시노트4 휴대폰으로 "앞에 있으니 살려 달라" 고 전화를 하였고, 피고인은 위 휴대폰을 빼앗으면서 피해자의 배를 발로 찼다.

Accordingly, the defendant took the victim's property by taking the victim's property and added up the open top of the part requiring the victim's medical treatment for about two weeks.

2. Defendant's assertion;

The Defendant did not have the purpose of illegal acquisition intent or robbery. The Defendant did not have the intention to take advantage of 060 and did not have the intention to take advantage of her intention to take advantage of her intention to take advantage of her intention to take advantage of her intention to take advantage of her mobile phone, thereby preventing the victims from being able to report her mobile phone and from being able to report her mobile phone.

3. Determination

(a) An injury by special robbery and robbery;

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, it is difficult to readily conclude that the Defendant, based solely on the evidence submitted by the prosecutor, has taken the cell phone from the victims of unlawful acquisition intent, and there is no other evidence to prove otherwise. The Defendant appears to have taken the cell phone to prevent the victims from reporting.

(1) The Defendant attempted to call or call a mobile phone in which the victims sought help from others, and took the cell phone from the victims to prevent them, and did not use the same cell phone once.

② If the Defendant had attempted to forcibly take property from the victims, the Defendant first received money, such as money, ropes, and bags, and then went away, but the Defendant only brought about mobile phones without having taken other money and valuables from the victims.

③ Although the Defendant got money and valuables from the victims and had a long time to run away, the Defendant her scambling and scambling in the street, and her scambling, (Paragraph 2 at the scam) with the victim’s head, and led the victim to her knick, and (Paragraph 3 at the scam) with the victim’s knick, leading the victim’s knife and her knife the victim’s knife in accordance with the victim’s proposal.

④ In the police, the victim Park Jong-dae stated that the defendant did not have the intention to deduct money and valuables, and that the defendant tried to attract the money and valuables anywhere, and that the victim Park Jong-dae stated that "the victim Park Jong-dae tried to force him to commit sexual assault by force and force him".

(5) The defendant has no criminal record of robbery or larceny.

(b) Robbery reserve forces;

In light of the crime of Articles 2 and 3 of the decision that "the defendant was trying to commit robbery against a woman while going through a house in the prosecutor's office and going through a line and needed money," it is difficult to see that the above confession statement of the defendant is just a new ice, in light of the crime of Articles 2 and 3 of the decision that "the defendant was trying to commit robbery against a woman." The evidence submitted by the prosecutor alone is difficult to readily conclude that the defendant was driving away from the victim for the purpose of robbery, and there is no other evidence to acknowledge it.

3. Conclusion

Therefore, each of the primary facts charged should be acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, because there is no proof of facts constituting a crime. However, since each of the primary facts charged was found guilty, the judgment of innocence is not separately pronounced in the text.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

Main Facts charged>

○ Robbery - 0 persons guilty:

Not guilty: Nine persons (with a unanimous verdict and verdict)

○ Special Robbery - Ten persons

Not guilty: Nine persons (the verdict of unanimous verdict).

○ Injury by robbery - 0 persons

Not guilty: Nine persons (the verdict of unanimous verdict).

○ Violation of the Punishment of Violences, etc. Act (a person committing a crime)

- "guilty": 9 persons (with a unanimous verdict).

- Not guilty:0 persons