Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for four years, respectively.

Punishment of the crime

On August 3, 2020, at around 11:00, the Defendants lent tobacco to the victim D (the age of 29) who passed from the street located in Mapo-gu Seoul Metropolitan Government, but was refused, the Defendants took the victim from a residential parking lot with the victim's vision while coming back with the victim's vision, and Defendant A got the victim's fright and pushed down the victim's neck and walk the victim's body in several times, and Defendant B prevented the victim from resisting the victim's body by drinking.

After that, the Defendants got off cash of 50,000 won and a certificate of re-issuance of resident registration from the victim's machine.

As a result, the Defendants conspired to take the victim's property by force, and suffered injury such as brain salvy in need of treatment for about four weeks.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a 112 reported case processing table, a written diagnosis of bodily injury, and a report on internal death of bodily injury photographs (verification of CCTV in places of occurrence);

1. Relevant Articles and 337 of the Criminal Act and the Defendants’ Selection of Punishment: Articles 337 and 30 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “Defendant A”), which is favorable in terms of the reasons for sentencing, [Defendant A]

1. Scope of applicable sentences under law: Imprisonment with prison labor for three years and six to fifteen years;

2. Defendant A (the lower limit of the range of sentence recommended by the sentencing guidelines is based on the statutory applicable sentencing guidelines because the lower limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the lower limit of the applicable sentencing guidelines) when the result of injury in the course of robbery results: [the second category] special robbery [the scope of the applicable sentencing] mitigation element: reduction area of punishment [the scope of the recommended and recommended punishment], three to six years [the scope of the recommended punishment revised by the applicable sentencing range]], Defendant B [the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing range], Defendant B [the decision of the applicable sentencing type], and the result of injury in the course of robbery.