A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On May 25, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in Seoul Southern Prison on September 8, 2012.

【Criminal Facts】

피고인은 2013. 8. 4. 07:30경 서울 마포구 C 앞 길가에서 피해자 D(29세)이 술에 취해 시가 약 70만 원 상당의 ‘스카이베가 R3’ 휴대전화를 손에 쥔 채 잠자고 있는 것을 발견하고, 순간적으로 욕심이 생겨 위 휴대전화를 빼내어 가 이를 절취한 후, 잠에서 깬 피해자가 피고인을 쫓아 오자, 체포를 면탈할 목적으로, 주먹으로 피해자의 얼굴을 때리고 밀어 넘어뜨리는 등으로 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the victim D among the suspect interrogation records of the accused prepared by the public prosecutor (written two times);

1. Photographs of damaged articles;

1. [Attachment of Criminal Records]: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports (Attachment, etc. of a copy of the judgment), investigation reports (Attachment, etc. of personal identification/admission status);

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

2. Article 35 of the Criminal Act (limited to the proviso to Article 42 of the Criminal Act) among repeated offenders;

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. Scope of recommendations according to the sentencing guidelines: General standard of robbery [special salves] reduction element of robbery (special salves] - simple assault and intimidation, non-salves [the scope of recommendations] mitigation area / [the scope of recommendations] mitigation area of punishment / one year and six months from six months to three years [the scope of recommendations in this area of reduction] imprisonment / three years from six months from six months from six years [the scope of recommendations in this area of reduction to three years from one year and six months from one year to three years from one year, and two or more special salves of mitigation factors among the special salves, the minimum scope of the above recommendation sentence should be mitigated to one half up to two years. However, the minimum of the recommended sentence scope of mitigation (the law of this year nine years of imprisonment) so mitigated.