2013Gohap216 Injury by robbery

A

Lee Hong-chul (Public prosecution) and a decoration (public trial)

Public-Service Advocates B

June 14, 2013

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

A certificate (No. 1) seized shall be confiscated.

Criminal facts

At around 09:00 on March 22, 2013, the Defendant: (a) sent jack kack kack kack kack kack kack in the vicinity of the department store located in Busan, Busan, and (b) sent kack kack kack kack kack kack kack kack kack kack kack kack kack kack kack kack kack, and kack kack kack kack kack kack kack kack kack kack kack, and kack kack kack kack kack kack kack kack kack kack kack kack, and kack kack kack kack kack kack kack kack kn, and (b) discovered the Defendant’s kack kack kack kn's loss in the process.

Accordingly, the defendant strongly withdrawn the victim's property, and the defendant gets injured by the victim due to the attempted withdrawal.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of upper parts (Evidence No. 29 pages);

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 (Consideration favorable circumstances considered in front and rear)

1. Confiscation;

Article 48(1)1 of the Criminal Act, reasons for sentencing

[Scope of Punishment] Imprisonment of 3 years and 6 months to 15 years

[Scope of Recommendation] Imprisonment of three years and six months to six years

○ Determination: Robbery; In the event of robbery; injury; special robbery (type 2);

○ Special Convicts

- Reduction element: In the event of minor injuries or injuries, but basic offences are committed to attempted;

○ General Convicts

- Mitigation elements: Living-type crimes, serious radius;

○ Scope of Recommendations: Imprisonment for a year and six months to six years (special mitigation areas)

○ Scope of recommendations modified in accordance with the lower limit of applicable sentences under law: Imprisonment for three years and six years from six months to six years;

[Determination of Sentence] The crime of this case with three years and six months of imprisonment is a deadly weapon, carrying with jack knife, and resulting in injury to the victim in the course of the crime. In light of the circumstances of the crime, contents, and result, etc., the crime is serious, and the defendant has a record of criminal punishment several times due to fraud, etc., and has not made any effort to recover damage to the victim, it is necessary to punish with severe punishment corresponding thereto.

However, the confession of the crime of this case in depth and reflects the mistake in depth, the arrest of the defendant upon the request for assistance by the victim, which led to the attempted robbery, and the injury suffered by the victim was caused by contingency, and the degree of the injury is relatively minor. In addition, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct.

Chief Judge Park Jong-chul

Judge Lee Young-young

Judges Cho Jong-sung

1) The Defendant: (a) had a certain distance from the process during which the victim suffered the instant injury; and (b) had the victim knife while knife the knife

The victim asserts that he was injured in the course of cutting the knife by the defendant's hand, but the victim is left.

The knife knife knife knife knife knife knife with the victim's knife, and the defendant's two knife knife

Then I clearly stated that he/she escaped (No. 15 of the record of evidence) and that the defendant was also the victim's knife in the prosecution.

(72) The above argument is rejected.