2016Gohap 1115 Special robberys, Special Confinement

1. A;

2. B

3. C

The Kim Chang-Dup and Kim Jong-hun (Trial)

Law Firm D (for Defendant A)

Attorney E, F, and G

Attorney H (the national election for the defendant B)

Attorney I (National Election for Defendant C)

January 12, 2017

Defendant A shall be punished by imprisonment with prison labor for three years, by imprisonment for two years and six months, and by imprisonment for two years and six months, respectively.

However, with respect to Defendant C, the execution of the above sentence shall be suspended for four years from the date this judgment becomes final and conclusive.

To order the above defendant to be put on probation.

Seized evidence No. 1 shall be forfeited from Defendant A.

Criminal History Office

【Criminal Records】

On October 31, 2013, Defendant B sentenced the Seoul Central District Court to eight months of imprisonment for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and completed the execution of the sentence on December 25 of the same year.

【Criminal Facts】

On January 2016, Defendant A: (a) inducedd the Victim J (Woo, 51 years of age) who was an elderly with low intellectual ability in the history of Yeongdeungpo-gu Seoul Military Station; (b) had been living with his female from March 2016 to August 20 of the same year; (c) had been living with Defendant B and the Victim K (40 years of age) who was an intermediary for illegal loan; (d) had been obtained a large number of credit cards under the name of the female and obtained credit cards, thereby raising credit limit; and (e) had been 60% of the loan out of the loan; (e) had been granted an illegal loan under the name of the female; (e) had been 30% of the loan; and (e) Defendant B would have been 10% of the loan.

Defendant A and Defendant B, who attempted to illegally lend the victim’s J from April 2016, with the victim K, sought assistance from the wife of the victim K who was in a common sense due to frequent violence committed by Defendant A around August 16, 2016. As such, Defendant A and Defendant B demanded assistance from the wife of the victim K who was in a common sense due to the frequent violence committed by Defendant A around August 16, 2016. Accordingly, the victim’s husband and wife, without notifying the Defendant A, provided her with a her wife, and obtained a loan equivalent to KRW 35 million in her name.

On the other hand, Defendant A was suspected of having concealed the victim'sJ while making a pet in order to grasp the location of the victim'sJ. On September 23, 2016, Defendant A sent a notice of the user fee of the modern card under the name of the victim J sent at the Defendant's home around September 23, 2016. At around that time, Defendant A additionally confirmed that a loan equivalent to KRW 35 million had already been executed in the name of his/her female at the end of the hydrogen, Defendant A confirmed the victim K as a rear person, and provided the victims with a marriage by placing the victims on the vehicle behind the back, and had the victims deducted money and valuables from the victim K.

As a result, Defendant A prepared the pent (18cc in total length, No. 1), KON, tape, vinyl paper, and the suspension of blue, etc., Defendant B induced the victim K by falsehood because there is a three-class old person who wants to borrow a loan, Defendant C operates the said string vehicle, Defendant C operates the said string vehicle, Defendant C operates the said string vehicle, and Defendant C shared the role of the victims when the victims are unable to escape or when the victims escape together with M. Accordingly, Defendants, M, N, and name misconsort persons committed the following crimes.

1. Special heavy confinement;

At around 14:30 on October 6, 2016, Defendant A gave Defendant C a siren of KRW 1.50,000,00 to the front of the exit of Yeongdeungpo-gu Seoul Metropolitan Government No. 0. 2, and caused Defendant C to sirens in advance at that place. Defendant C was carrying Defendant A, M, N, and namelight boxes on the above vehicle, and confirmed Defendant A’s prior response to the street above the new road of the new road near the Seoul Metropolitan Government Qgu Building at around 15:0 on the same day.

At this point, Defendant B induced the victim K to the above purport by advertising the phone, and Defendant A instructed the victim K to wait outside of the vehicle to avoid suspicion. As such, the victim K arrived at the same place at around 15:10 on the same day, and the victim K arrived at the same place, thereby allowing the borrower to board the above vehicle while introducing M as well as allowing the borrower to board the vehicle at the same time, and the Defendant A left the vehicle with the victim C, N, and namelight boxes as soon as possible, and left the vehicle at both sides and rears of the victim K and left the seat.

그리하여 피고인 A은 겁을 먹은 피해자 K에게 "야, 이 씹할 놈아, 너 대출 얼마 받았고 카드 쓴 거 다 알고 내 여자 가로 챈 거도 다 알고 있으니까, 내 돈 5,000만 원 내 놔."라고 욕설하고, 피고인 B은 카드명세서를 들고 그의 얼굴을 수회 때리면서 "완전 도둑놈 새끼 키웠구만."이라고 욕설하며 추궁하였으나 피해자 K가 완강히 부인하며 손가방을 집어 던지는 등 몸부림을 치며 저항하자 피고인 A은 피고인 C으로 하여금 위 Q건물 인근 터널 위 노상에 차량을 정차하게 한 다음, 피해자 K의 뒤쪽에 있는 N는 그를 눌러 앉히고, 그의 왼쪽에 있는 M은 주먹과 손바닥으로 그의 얼굴을 수회 때리고, 오른쪽에 있는 성명불상자는 "내가 영등포 조폭인데이 좆같은 새끼, 빨리 사실대로 말 안 해."라고 위협하면서 주먹과 손바닥으로 각각 그의 얼굴과 뒷머리 등을 수회 때리고, 피고인 A은 머리로 그의 얼굴을 들이받고 주먹으로 그의 얼굴을 수회 때리고, 미리 준비하여 온 위험한 물건인 위 펜치를 손에 들고 "아킬레스건을 끊어 버리겠다, 오늘 죽여 버리든지 아니면 병신을 만들어 버리겠다."라면서 협박하였다. 그 결과 피해자 K로 하여금 피해자 J의 숙소 위치와 그녀 명의로 3,500만 원 대출이 실행된 사실을 실토하게 한 후 그녀의 숙소가 있는 서울 영등포구 T, 2층 U여인숙을 향하여 출발하였다.

그리하여 같은 날 16:20경 위 여인숙 노상에 차량을 정차시키고, 피고인 A은 위 여인숙 건물 1층 식당 내에서 피해자 J을 발견하고 그녀의 머리카락을 움켜쥐고 손목을 잡아끄는 등 강제로 그녀를 차량에 태운 후 "이 씨발 년아, 개 같은 년아, 너 찾으려고 돈이 얼마나 들었는지 아느냐."라고 욕설하면서 오른손으로 왼팔과 턱을 세게 잡아 누르고, 위험한 물건인 위 펜치를 손에 들고 그녀의 얼굴에 들이대면서 "이 씨발 년은 대갈통을 깨고, 옆구리를 부셔서 꼼짝도 못하게 해야 된다."라고 협박하는 등으로 같은 날 17:15경 서울 동작구 V에 있는 W은행 앞 노상에 이르기까지 피해자들로 하여금 차량에서 내리지 못하게 하였다.

As a result, the Defendants conspired with M, N, and his false names and detained victims by showing multiple power or carrying dangerous things.

2. Attempted special robbery;

On October 6, 2016, the Defendants jointly with M, N, and M: From 15:20 to 16:20 on October 6, 2016 to 16: the Defendant and M, and M, and F, within the above vehicle located on the underground streets of the new road in the Yeongdeungpo-gu Seoul Metropolitan Building, have the victim K several times with drinking and hand, as described in the preceding paragraph, and N, have the victim come up with her back from the back seat of the victim, and the Defendant made the victim interfered with it by threatening the above gate, which is dangerous object, and then Defendant A had the victim escape from it. The Defendant collected KRW 50 million to 0,000,000 to 10,000,000 to 0,000 won to 20,000 won to 30,000,000 won to 30,000,000 won to 1,000,000 won to 3,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to J and K;

1. Each statement of K, J and L;

1. Police seizure records and seizure records;

1. Photographs (victim K.K. pent, Lone Star, contract, cash 2.2 million won, victim J.), rental contract, C's driver's license, C's license, 112 report handling table, mobile phone call photograph, data showing the seat seat at the time of boarding a vehicle for each crime, and data showing the suspect A's belongings;

1. Investigation report (verification of the witness's counter investigation, the scene and movement of the crime at the time of kidnapping of the victim, discovery of tools, such as gambling tapes prepared at the time of committing the crime A, and confirmation of the possession of the relevant goods A);

1. Existing presence under subparagraph 1 of this Article;

1. Previous records of judgment: Criminal history records, etc., investigation reports (Attachment to cases by suspect B, etc.), and personal confinement status;

Application of Statutes

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

Articles 278, 277(1), and 30 of the Criminal Act; Articles 342, 334(2) and (1), and 333 of the Criminal Act (the attempted special robbery and the choice of each limited imprisonment)

1. Aggravation for repeated crimes;

Defendant B: the proviso to Article 35 and the proviso to Article 42 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted special robbery)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (aggravated Punishment for Crimes of Attempted Special Robbery with the largest penalty)

1. Suspension of execution;

Defendant C: Article 62(1) of the Criminal Act (Consideration favorable circumstances among the reasons for sentencing at the time of sales)

1. Probation;

Defendant C: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment;

(a) Defendant A and C: Imprisonment with prison labor for not less than two years and six months but not more than 22 years and six months;

(b) Defendant B: Imprisonment with prison labor for not less than two years and six months, but not more than 37 years and six months;

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of special heavy confinement against theJ of victims;

[Scope of Recommendation] General Criteria for Arrest and Confinement (Habitual Arrest and Confinement) Type 3 (Special False Arrest and Confinement of Habitual Offense) Special Aggravation (2 to 6 years)

[Special Persons] A victim who is vulnerable to a crime in the event of a harsh conduct;

(b) Crimes of special heavy confinement to K of victims;

[Scope of Recommendation] General Standard of Arrest and Confinement (Habitual, Cumulative Offense, Special Arrest and Confinement)

[Special Persons] Where there is a harsh act, the degree of arrest and detention is more severe. The result of the processing standards for multiple crimes: Imprisonment with prison labor for at least two years and six months (the minimum of the punishment determined for a crime of attempted special robbery, as there is a crime of attempted special robbery for which no sentencing guidelines have been set).

3. Determination of sentence;

(a) Defendant A: Three years of imprisonment;

(b) Defendant B: Imprisonment with labor for a period of two years and six months;

(c) Defendant C: Imprisonment with prison labor for a period of two years and six months, and four years of suspended execution;

The crime of this case was committed with the intent of Defendant A to deprive the victims of their money by confinement and intimidation, and the Act on the Acceptance of Criminal Crimes is very planned. The Defendants took part in the crime of this case and committed a harsh act to arrest the victims into a vehicle, to drink them, or to threaten them with pents, or to threaten them. The nature of the crime is very heavy in that they could have been at risk to the victims’ body. Defendant B committed a second crime even during the period of repeated crimes.

However, the Defendants are divided into, and are in profoundly against, their own mistakes, and they are expected not to commit any crime again. The instant crime was led by Defendant A, and the degree of the Defendant B and C’s participation in the entire crime is not severe. Defendant A, the principal offender, does not want to punish the victims. Defendant C is the first offender.

This is favorable to the defendants.

In addition, the punishment against the Defendants shall be determined by comprehensively taking into account all sentencing factors shown in the pleadings of the instant case, such as the character, conduct, environment, and circumstances after the commission of the crime, and the execution of the punishment against the Defendant C shall be suspended on the condition that the probation is faithfully observed.

It is so decided as per Disposition for the above reasons.

The presiding judge, the highest judge;

Judges Yang Sung-sung

Judges Nam-tae et al