2020No1866 Robbery

A

Defendant

Kim Jong-soo (prosecutions) and a trial at the same time.

Attorney Lee Slova (Korean)

Seoul Central District Court Decision 2020Gohap643 Decided October 14, 2020

December 18, 2020

The judgment of the court below is reversed.

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

1. Summary of grounds for appeal: Unfair sentencing

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Determination

The Defendant, while under the influence of alcohol, peeped a victim who is unable to take the body, forced the victim to take off his/her room by force, and forced the victim to resist his/her room, and forced the victim to suppress and keep his/her resistance against him/her. Considering the details of such crime and the background, method, etc. of the crime, the crime is not good. Although the victim was found to have been at the place other than cash, it is difficult to evaluate that the victim was left at the wind to detect him/her immediately after the crime, and it was not agreed with the victim. This is an unfavorable circumstance to the Defendant.

However, the Defendant shows the attitude of recognizing and opposing all of the instant crimes. Although the Defendant was sentenced to suspended sentence for the same kind of crime, it was the previous offense before about 10 years. Moreover, the benefits acquired by the Defendant in this case are merely about 100,000 won. In addition, considering the Defendant’s age, career, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, various sentencing conditions as shown in the records and arguments, such as the circumstances after committing a crime, etc., the lower court’s punishment is too unreasonable. Accordingly, the Defendant’s assertion of unreasonable sentencing is reasonable.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the following decision is

[Grounds for multi-use Judgment]

Criminal facts and summary of evidence.

The summary of facts constituting an offense and evidence recognized by this court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Article 333 of the Criminal Act; 1. Discretionary mitigation

Articles 53 and 55 (1) 3 of the Criminal Act (The consideration of the preceding favorable circumstances)

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

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

[Determination of Punishment] Robbery. General Criteria / [Type 1] General Robbery

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

3. Determination of sentence: One year and six months of imprisonment;

For the reasons mentioned above, the sentencing guidelines are somewhat lower than the lower limit of the recommended sentencing guidelines.

the presiding judge and deputy judge

Judges Lee Jong-hwan

Judges Associate Jin