2014Gohap383 Injury by robbery

○ Kim

Freeboard (prosecutions, public trials) and new soldiers (public trial)

Attorney Seo-gu, Kim Jong-Un (Korean Office)

June 22, 2015

A defendant shall be punished by imprisonment for four years.

Facts of crime

On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. in Seoul Eastern District Court on September 14, 2014, and completed the execution of the sentence in the original prison on September 14, 2014.

On December 20, 2014, the Defendant: around 30, 2014: Around 30, 10, she was frighted to her her frighted from the car page operated by the victim ○○○○○○ (n) in Eunpyeong-gu, Seoul, to her fright. “I would like to her fright once. I would like to her her fright at the place to open the door, followed the victim’s her arm’s length from the back to the back of the victim’s body. The Defendant continued to get the victim’s her face from the bottom of the victim’s body back to the back of the back of the victim’s body. The Defendant got off the victim’s her arm’s length from the bottom of the victim’s body to the end of the 100,000 won. The Defendant continued to get out of the market price of the victim’s body back to the end of 100,000 won.

As a result, the defendant took property equivalent to the total amount of 60,000 won from the victim, and put about two weeks of treatment to the victim, such as scarcitys that require treatment.

Summary of Evidence

1. Legal statement of ○○○○○;

1. Each police protocol on ○○○;

1. A victim's photograph, investigation report (Attachment of the death diagnosis report), and inquiry and reply letter;

1. Protocols of seizure (voluntary submission), list of seizure, and photographs of damaged articles;

1. Previous records: Application of Acts and subordinate statutes to the status of confinement, such as the result of and the criminal records of the search of prisoners ( Kim Jong-soo), personal identification, and status of confinement;

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

Article 337 (Selection of Imprisonment with Labor)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The Defendant, at the time of committing the instant crime, was in a state of mental disorder by taking the drugs prescribed by the mental department and drinking alcohol, and thus, not guilty should be pronounced. If the mental disorder is not recognized, the state of mental disorder should be recognized.

2. Determination

According to the evidence duly adopted and examined by the court, although the defendant was found to have a little drinking at the time of committing the crime of this case, considering the following circumstances which can be recognized by the above evidence, that is, the victim was weared as a long-term victim at the time of committing the crime of this case, and the defendant was accurately aware of this fact, and the defendant was aware of the victim's resistance, and the victim was forced to unboldly boom the victim. Since the victim did not commit the crime because CCTV was taken, it was said that "the defendant was sealed outside the CCTV," and thus, it is difficult to view that the defendant was in a state that he was unable to distinguish the object at the time of committing the crime of this case or lack the ability to make a decision.

Therefore, the above argument by the defendant and the defense counsel cannot be accepted.

1. The scope of the recommended sentence according to the sentencing guidelines;

[Determination of Type] In the event that the result of an injury to a robbery has occurred, Part I (General Robbery) (Special Contributor)

[Scope of Recommendation] Reduction Area ( Imprisonment with prison labor for two years - four years)

2. Determination of sentence;

The Defendant had already been sentenced to imprisonment for the same criminal record and several times, and the Defendant committed the instant crime only three months after having been sentenced to imprisonment for larceny, etc. In addition, the crime of this case was committed in a car page in which female victims are married, resulting in the injury by taking the victim’s property and taking the property by force during the new wall time. Even if the crime of this case is committed, the crime of this case is very rough and poor. The Defendant does not seem to reflect the instant crime or see it completely, and the victim wishes to punish the Defendant.

However, due to the instant crime, the victim’s strong property was returned to the victim, and the injury suffered by the victim is relatively minor. In full view of these circumstances and the jury’s opinions on the sentencing, and the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, and the circumstances after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions stipulated under Article 51 of the Criminal Act.

Jurors's verdict

1. A verdict of guilt or innocence;

○ "guilty": 9 persons in a single place.

2. Opinions on sentencing;

○ Three years of imprisonment: one person.

○ Four years of imprisonment: Four persons.

0 5 years of imprisonment: Four persons.

For judge of the presiding judge;

Kim Jong-hwan

Kim Ho-su