A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

[2018고합33] 피고인은 2017. 12. 2. 16:05경 부산 부산진구 B시장 내 C 앞 노상에서 피해자 D(여, 65세)가 물건을 사기 위해 구경하는 틈을 타 피해자의 핸드백에서 현금 84,000원 등이 든 지갑을 빼내어 가지고 가다가 이를 알아챈 피해자에게 붙잡히자 체포를 면탈한 목적으로 손으로 피해자의 손을 비틀고 이빨로 피해자의 손을 깨무는 등 폭행하였다.

[2019Gohap69] On January 29, 2019, the Defendant discovered the victim F who reported the head of the city in front of the “E” in the Busan City City B market on the street around January 14:35, 2019, and then stolen cash amounting to KRW 105,000,000, which was entered in the ship with the victim’s hand.

Summary of Evidence

[2018Gohap3]

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Photographss of damaged articles and photographs of the victim's upper part [2019 Highly 69];

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

1. Relevant Articles 335 and 333 of the Criminal Act, and Article 329 of the Criminal Act, which provide applicable legal provisions concerning facts constituting a crime, and Articles 335 and 333 of the Criminal Act, which choose a penalty;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed for the crime of quasi-Robbery heavier than the punishment and the aforesaid two crimes), among concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for one year and six months to eighteen years;

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

(a) Crimes of quasi-Robbery [Determination of Punishment] Crimes of robbery [Type 1] General Criteria / General Robbery (Special Convicted Persons] Reduction element: simple assault and intimidation [The scope of recommending area and recommendation range] mitigated area, one year and six months to three years for evasion of arrest;

B. Theft (decision on the type of larceny) is a larceny (decision on the type of larceny).