2019 Highly 000 Injury by robbery

000 (00000-00000), Duty-free,

Housing Sungnam-si 000

Reference domicile Seoul 000

The grounds for prosecution (prosecution) and the trial in the court;

Attorney Lee Sung-hoon

September 19, 2019

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 to 3 and 11 shall be confiscated.

Criminal facts

피고인은 출근시간대에 거주지에서 문을 열고 나오는 사람을 협박하여 끈으로 손발을 묶은 다음 금품을 강취하기로 마음먹고, 롱노즈니퍼, 노끈, 장갑 등을 미리 준비하였다. 피고인은 2019. 0. 0. 0경 성남시 0000 현관문 앞에서 롱노즈니퍼를 손에 들고 있다가, 출근하기 위해 현관문을 열고 나오는 피해자 000에게 롱노즈니퍼를 겨누며 손으로 피해자의 어깨를 밀쳐 넘어뜨린 다음 머리채를 잡아당기고, 피해자가 2층 계단으로 도망치자 피해자의 몸을 잡아 넘어뜨린 다음 양손으로 피해자의 목을 조르고 발로 피해자의 배를 2회 찼다. 피고인은 이와 같이 피해자의 반항을 억압한 다음 피해자로부터 금품을 강취하려고 하였으나, 피해자가 피고인의 손을 뿌리치고 도망쳐 그 뜻을 이루지 못하고 미수에 그치고 이로 인하여 피해자에게 약 3주간의 치료를 요하는 전신타박상 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police at 000;

1. Records of seizure, list of seizure, and photographic records of cases;

1. Report on internal investigation (verification of surrounding CCTV);

1. A medical certificate of injury and an investigation report (Attachment of a photograph of damage inflicted on a victim);

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

1. Confiscation;

Article 48(1)1 of the Criminal Act (Article 48(1)1 of the Criminal Act also requires the confiscation of evidence seized by the prosecutor, but this is merely a clothes and caps worn by the defendant at the time of committing the crime, and the evidence submitted by the defendant alone constitutes the subject of confiscation. It is difficult to recognize that it is difficult to determine that it is subject

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

Since the injury suffered by the victim is a body that is to the extent of flicking or glicking, it does not constitute the injury of robbery.

2. Determination

A. The injury of robbery refers to the injury of a victim’s physical integrity or physiological function. The injury of an injury resulting from robbery is extremely minor and thus need to be treated as it does not constitute the injury of a victim if it is naturally cured and there is no difficulty in daily life. However, since it is premised on the degree that there is no assault, it would normally occur during daily life, it shall be deemed that the injury is caused by assault. Whether the injury of a victim’s physical integrity or physiological function is not objectively and uniformly determined, but shall be determined on the basis of physical and mental specific conditions, such as the victim’s age, gender, physical strength, etc. (see, e.g., Supreme Court Decisions 2014Do1726, Apr. 10, 2014; 2007Do9794, Nov. 13, 2008).

B. The following circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows: (a) the Defendant: (i) committed assault by tightly cutting the victim’s hair, booming the victim’s hair; (b) booming the victim’s neck to escape; and (c) the victim appears to be a woman of a narrow body body; (d) the victim appears to be a woman of a narrow body body; (e) the Defendant, the victim’s strong body weight of 174 cm and 135 km, pushed the victim into the body, tightly moving the head knife, leading the victim into the body, leading the head knife, knife, knife, knife, knife, knife, etc. from the date of the instant case; (e) the victim was hospitalized in the hospital; and (e) the victim was given treatment for pain pain for 21 days; and (e) the victim’s physical strength is difficult to view that the victim’s’s physical strength is significantly affected within a short period.

When applying the sentencing guidelines set by the Supreme Court Sentencing for sentencing reasons to the type of the instant crime and sentencing factors, the scope of the final sentencing recommended by the Supreme Court Sentencing Committee shall be from 3 years and 6 months to 4 years (the lower limit of the sentencing range recommended by the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing range, as the lower limit of the applicable sentencing range is in accordance with the statutory applicable sentencing range).

- In this case, in light of the degree of assault committed by the Defendant in the course of the crime committed by the Defendant, which is very poor that the Defendant committed an injury in the course of the crime, the victim seems to have sworn fear at the time of the crime, and the circumstances before and after the occurrence of the crime, the victim is suffering from severe mental pain, and the court is trying to escape from severe punishment for the Defendant.

- On the other hand, the Defendant led to confession and reflect on the instant crime.

Defendant: First, the Defendant

The presiding judge, the highest judge;

Judge Choi Gyeong-hoon

For the purpose of judge well-being