Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
around 07:50 on August 1, 2018, the Defendant opened a gate, which was opened in the house of the victim C located in the Geum-gu, Busan, and tried to take out from the Defendant, after cutting off the clothes of KRW 160,000 in total of the market value of the victim’s panty 2 and brogate 2.
Quasi-Robbery is determined on the basis of whether the crime of robbery was committed or not. The defendant's clothes belonging to the victim were transferred to his own control.
As can be seen, the theft act of the defendant constitutes a brue (see Supreme Court Decision 91Do476, Apr. 23, 1991, etc.). In this case, when the victim who returned to the brue house was prevented from leaving the defendant, the victim's brue was swayed by her hand for the purpose of evading arrest, and the victim's brue was swayed by her hand, her head brud by her hand, her head brud by her hand, and the victim was frud by her head flading his brue.
As a result, the Defendant committed assault to escape arrest.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution and the police with regard to C;
1. Application of investigation reports, damaged articles, and photographs of the Acts and subordinate statutes;
1. Articles 335 and 333 of the Criminal Act concerning the facts constituting the crime;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the reasons for the promotion of religion) of the Criminal Act;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. The sentencing guidelines, in which there are no types 1 (general robbery) (a person who is subject to special sentencing) (a person who is subject to special sentencing) according to the sentencing guidelines, define the scope of the recommended punishment according to the sentencing guidelines as “a simple assault and intimidation to evade arrest” as a special mitigation factor, and define it as “a person who commits larceny is involved in assault and intimidation to evade arrest, and is not carrying and using dangerous things.”
Since the defendant used the iron bars (74 cm) which are dangerous objects in the course of assault, he/she will evade arrest.