2017Gohap845 Special robbery

A

So-young (prosecution), Gangwon-gu (Trial)

Attorney B (Korean National Assembly)

October 20, 2017

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

On September 28, 2012, around 04:20 on September 28, 2012, the Defendant calculated KRW 70,000 in cash from E operated by the victim D (n, 45 years of age) located in Jung-gu Seoul Metropolitan Government, and suggested that the victim, while drinking in person, closed the door when the business hours ends, and that the sexual relationship with the victim was defective.

The Defendant initially acted as if the victim were in a sexual relationship, and the Defendant had no idea of having a sexual intercourse. As such, the Defendant saw that he had a sexual intercourse with the victim, and she had a frightened her own, then she saw him as a deadly weapon on the remaining table table (20 cm in total length, 13 cm in length on the day), and she saw him as a deadly weapon on the part of the victim, and she saw him as having a knick on the chest part of the victim's chest, and dried him with the cash amount of KRW 70,000,000,000, paid from the victim with a drinking value."

Accordingly, the Defendant, while carrying a deadly weapon, took property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Investigation report (Attachment of a photo of the site of the case);

1. Written appraisal of the DNA, fingerprinting of the robbery, site inspection site, and appraisal;

Application of Statutes

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

Articles 334(2) and (1), and 333 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. Suspension of execution;

Article 62(1) of the Criminal Act (As above, repeated consideration of these circumstances)

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. Application of the sentencing criteria;

[Determination of type] General Criteria for Robbery. Type 2 (Special Robbery)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Three to Six years

[General Yang-man] Reduction element: In a case where the intent of taking money or other valuables in a minor amount is intended, minor assault, intimidation, serious reflector;

3. Determination of sentence;

The crime of this case is that the defendant threatened the victim with a deadly weapon at a place where the defendant was operated by a female, and takes the cash from the victim. In light of the method of the crime and the risk of the instrument used, the crime of this case and the crime of this case are not provided against the law of crime.

However, the circumstances favorable to the defendant, such as the fact that the defendant does not seem to have committed the above crime in a planned manner, and that the amount of demotion is not significant, that the defendant did not have any criminal record except the case until five years have passed since before and after the crime of this case, and that the defendant seems to have recognized his/her own mistake and that he/she is in profoundly against the defendant, shall be considered as favorable to the defendant. In addition, the scope of recommended punishment according to the sentencing guidelines shall be set by lowering the scope of recommended punishment in consideration of various circumstances shown in the records and arguments, such

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han