2016Gohap 1335 Injury by robbery

A

Lee Jong-tae (Court) (Court of Appeals) (Court of Justice)

Attorney B (Korean National Assembly)

March 3, 2017

A defendant shall be punished by imprisonment for eight years.

Criminal History Office

【Criminal Power】

On July 10, 2009, the Defendant was sentenced to six years of imprisonment with prison labor due to special rape, etc. at the Seoul High Court on April 4, 2016.

【Criminal Facts】

The Defendant, while living without any particular occupation and hospitalization after the discharge of the Defendant, had been liable for the debt to his family members and branch members, committed robbery by intrusion upon C with the Gangnam-gu Seoul Metropolitan Government Down which was known at the end of October 2016 and several times.

On November 25, 2016, around 13:00, the Defendant purchased excessive knife (20-25 cm in total length, 10-12.5 cm in length, knife tape and knife, knife, and moved to the vicinity of the above Dknife using FK5 knife.

On November 25, 2016, 14:52, the Defendant entered the above 14:52 Bara, and called 1 50,000 won and 10,000 won and 10,000 won and 30,000 won and 10,000 won and 10,000,000 won and 10,000,000 market value and 10,000,00 won and 10,000,000 won and 10,000,00 won and 20,00,000 won and 3,00,00,00 won and 1,00,00 won and 1,00,00 won and 1,00,00,00 won and 1,00,00,00 won and 3,00,00 won and more market value and 1,00,00,00 won and more.

Accordingly, the Defendant took property worth KRW 71,500,000 from the victim, and inflicted injury on the victim.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of G and H;

1. Records of seizure and the list of seized articles and photographs thereof;

1. Investigation reports (disposition of stolen goods of a suspect and recovery of some damaged goods), investigation reports (Securing I statements);

1. A written diagnosis of injury;

【Prior Records at the Time of Sales】

1. An inquiry report on criminal records, etc.;

1. Investigation report (report on the transfer of repeated crimes to suspects and on the confirmation thereof);

Application of Statutes

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

Article 337 of the Criminal Act

1. Aggravation for repeated crimes;

Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, proviso to Article 42 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):

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for not less than seven years nor more than twenty-five years;

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

[Determination of Punishment] In the event of robbery, In the event of a result of injury, Type 2 (Special Robbery)

[Special Exemplary] Mitigation element: A serious injury resulting from minor injury or negligence: A victim vulnerable to a crime.

[Scope of Recommendation] Basic Area: Imprisonment of seven years to ten years [the scope of punishment shall be the repeated crime under Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes, and the maximum and minimum limits of the punishment shall be increased by 1.5 times, but the minimum limits of the punishment for recommendation (one to six years), and the minimum limits of the punishment for recommendation (six years of imprisonment) shall be lower than the minimum limits of the punishment for the law, therefore, the minimum limits of the punishment for the punishment for the law shall be set according to the law.]

3. Determination of sentence;

The instant crime was committed after preparing excessive blades, tapes, and Masck in advance, and the elderly female officers entered the house where they reside, and take away high-priced bags, precious metals, cash, etc., and inflicted bodily injury on the victim. The nature and circumstances of the instant crime are very poor. The Defendant committed the instant crime as it did not fall under eight months after he was discharged from other specific violent crimes for a considerable period of time. The amount of damage was 71,50,000 won, and the damage was 71,50,000 won, and the damage was not recovered or agreed on the wind to dispose of most damaged goods.

However, considering the fact that the injury inflicted on the victim is not much serious, that part of the damage (one watch, one belt, and one belt) has been returned to the victim, that the mistake has been recognized, and that it reflects the fact, etc., the defendant's age, character and conduct and environment, motive and consequence of the crime, and other circumstances shown in the arguments and records, such as the circumstances after the crime, etc. shall be determined within the scope of recommended punishment according to the sentencing guidelines.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index