2018 Highly Injury resulting from robbery

A

Excursion ships, tents (public trial)

Attorney B (Korean National Assembly)

October 2, 2018

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

Criminal facts

Around 01:10 on March 10, 2018, the Defendant: (a) was at the frontway of Dongjak-gu Seoul Metropolitan Government, and the victim D (the 37 years of age), who was passing through his place, has tightly prevented the victim from leaving the land by pushing the victim's tightly probing him into the land; and (b) has been compelled to withdraw 100,000 won at the present time, and 200,000 won at the handbag market price of the victim containing mobile phones, but the victim did not bring the victim to a large sound by putting the handbag, and thereby caused the victim to suffer the victim's inspection and injury by taking the victim's property over about 10 days. Accordingly, the Defendant was forced to withdraw the victim's property and caused the victim to receive the victim's attempted injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A photograph of damage and a written opinion;

[Defendant asserted that the victim was injured during the process of sending the handbags without being pushed the victim's scam. However, in light of the victim's specific and consistent statement from an investigative agency to this court, the attitude of beyond the victim's statement, the parts and form of the upper part, etc., it can be recognized that the defendant strongly withdrawn the property after suppressing the victim's resistance as stated in the facts constituting the crime in the judgment of the court below.]

Application of Statutes

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

Article 337 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Reasons for sentencing: Imprisonment with prison labor for a period of three years and six months from June to June 12;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Types 1 (General Robbery) where the result of injury has occurred due to robbery.

[Special Convicts] In the event of an injury or injury caused by minor injury or negligence, but the basic crime is committed in attempted crimes.

[Recommendation and Scope of Recommendations] Special Mitigation Zone, one year to four years of imprisonment

* Scope of the revised recommendations: From 6 to 4 years (compliance with the lower limit of applicable sentences under law)

3. The crime of this case committed by the Defendant, following the victim, who walked on the new wall by the Defendant, and took the victim’s bags, and the victim was fright to commit the crime of this case. The victim seems to have frighted a considerable mental shock and fear due to the crime of this case.

However, the Defendant has no record or record of exceeding the fine. The Defendant recognized his mistake regarding the part of assaulting the victims who want to forcibly take money and valuables. In addition, the degree of injury inflicted on the victim is not much severe, and the robbery itself did not reach the acceptance of the crime. In addition, the sentence shall be determined by comprehensively taking into account various sentencing factors specified in the instant pleadings, such as the Defendant’s age, environment, motive, means and consequence of the crime, and circumstances after the crime.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young