2015 Highis26, 2016 Highis91 (Joint) (Separation) Robbery, Specialized Credit Financial Business Act

anti-, obstruction of performance of official duties, injury

A. (79 years, South Korea), labour;

Residential Ulsan

Standard place of registration:

Kim Sung-hwan, Yellowju (prosecutions), Lee Jong-sung (Public Trial)

Attorney Kim Jong-young (Korean National Assembly Line)

April 29, 2016

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be subject to probation and shall be ordered to provide community service for 80 hours.

Facts of crime

" 2015 Gohap226"

1. Robbery;

The Defendant, around April 11, 2015, around 00, around 00, 00 U.S. 21 and 200, after drinking the victim Kim Jong-○ (the age of 56) and drinking with a credit card, the victim calculated the drinking value with a credit card and followed the victim to out-of-the-underer, followed by the victim, at a neighboring parking lot. The victim intending to provide the victim with the credit card by inserting his hand to the victim’s thirthroid. The victim intending to deduct the credit card of the victim.

In this sense, the victim of play "I am "I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn's kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't k'

Accordingly, the defendant took the property owned by the victim by force.

2. Violation of the Specialized Credit Financial Business Act;

On April 11, 2015: at around 08, the Defendant used a credit card 2,373,000 won in total by paying KRW 2,373,00,000 on 17 occasions by using a sck credit card of Kim ○, who was demoted, such as the foregoing paragraph (1), and paid KRW 460,00,00 by using a scam credit card of Kim○, as shown in the separate crime list, as shown in the separate crime list, around that time, until April 12, 2015.

2016 Gohap91

On January 21, 2016, the Defendant: (a) was arrested on the part of the victim slope C (the age 36) belonging to the Ulsannam Police Station New Standung-gu, Ulsannam Police Station, who was dissatisfied with the case in which the Defendant injured the Defendant in view of the face of the Defendant; and (b) was arrested on the part of the victim who was voluntarily accompanied and verified the identity of the Defendant as a fine unpaid; and (c) on the ground that the Defendant refused the request of the victim, he was able to escape the tobacco to the victim; and (d) was able to remove the tobacco from the front of the Defendant on the part of the victim, who tried to remove it, and asked the victim's bucks to leave the front of the Defendant at his own hand, and asked the victim's right part of the victim's bucks for treatment for about two weeks.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on criminal investigation and arrest of flagrant offenders and at the same time injured the victim.

Summary of Evidence

(Omission)

Application of Statutes

1. Relevant Articles of criminal facts;

Article 333 (Robbery) of the Criminal Act, Article 70 (1) 4 of the Specialized Credit Financial Business Act (Unlawful Use of Credit Cards)

of the Criminal Code, Article 136(1)(a) of the Criminal Code, and Article 257(1)(a) of the Criminal Code

The point of year)

1. Competition;

Articles 40 and 50 of the Criminal Act (Definition of Crimes of Obstruction of Performance of Official Duties and Crimes of Bodily Injury)

Punishment)

1. Selection of penalty;

Selection of each imprisonment with prison labor for a violation of the Specialized Credit Finance Business Act and injury;

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Robbery)

Aggravation of concurrent crimes within the scope of the sum of the long-term punishments for each offense

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment with prison labor for a year and six months from one year to two years;

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

(a) Class I crime (Crime of Robbery);

[Scope of Recommendation Form] General Criteria> Class 1 (General Robbery) - Basic Area (2 years to 4 years)

【No Special Convicted Person】

(b) Second crime (Crime of Inflicting).

[Scope of Recommendation Form 1 (General Bodily Injury) In the Aggravation Area (6 months to 2 years)

【Special Person under Jurisdiction】 In the case of obstruction of Performance of Official Duties

(c) Third offense (Crime of Obstruction of Performance of Official Duties);

[Scope of Recommendation] Type 1 (Obstruction of Performance of Official Duties) Basic Area (6 months to 1 year and April) of the obstruction of performance of official duties

【No Special Convicted Person】

(d) No sentencing criteria for a violation of the Specialized Credit Financial Business Act are set;

E. Since the sentencing guidelines are not set for a violation of the Specialized Credit Financial Business Act, and the crime of obstructing the performance of official duties and the crime of injury are in a commercial concurrent relationship, only the lower limit of the recommended sentence (two years of imprisonment) should be considered.

3. Determination of sentence: Two years of imprisonment and three years of a stay of execution; and

In light of the fact that each of the crimes of this case is likely to be disadvantageous to the nature of the crime in light of the motive, circumstance, etc. of each of the crimes in question, and the defendant did not agree with the victims of each of the crimes of this case and did not exercise a strong force for the recovery of damage, the defendant's liability for the crime is not weak.

However, the facts that the defendant recognized all of the crimes of this case, the defendant has no record of criminal punishment exceeding the fine prior to each of the crimes of this case, the defendant's strong criminal conduct has no record of criminal punishment, and the extent of assault used as a means of suppression of resistance in his strong criminal conduct is relatively limited, and the degree of assault used as a means of obstruction of performance of official duties and as a result, the degree of injury as well as the degree of injury as a result of the assault is not excessive. In addition, the defendant's age, sex, sex, environment, motive and means of the crime, consequence, etc., the conditions of all the sentencing specified in the records of this case and the trial process, including the circumstances after the crime, shall be taken into consideration.

Judges Kim Jae-hwan

Judges Lee Jong-hoon

Judges Kim Jae-jin

= 10 = Not more than 10