2014Gohap25 Robbery, Violation of the Road Traffic Act (Unlicensed Driving)

A person shall be appointed.

Kim Yong-Nam (Lawsuits) and Park Jong-soo (Trial)

Attorney Kim Jong-soo (Korean National Assembly Line)

April 18, 2014

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

Criminal History Office

On December 28, 2010, the Defendant sentenced 2 years to imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jeonju District Court, and completed the enforcement of the sentence on October 19, 2012. 1. The Defendant with robbery was willing to forcibly take money and valuables against women who are mixed at the night, and on January 21, 2014: 00 - 00 - 100 - 000 - 100 00 - 15 - 100 00 - 100 00 00 - 4 - 0 0 - 0 0 0 - 15 - 0 - 0 0 0 - 100 - 0 - 100 - 4 - 0 - 100 - 10 - 100 - 1,000 the victim’s face at the latest market price.

2. Violation of the Road Traffic Act (Driving without Permission)

On January 21, 2014: around 19, the Defendant driven an automatic driver’s license on a section 5 km from the 104-dong Seosan-dong Seosan-dong 104-dong Seosan-dong, through the village in the same sub-dong-dong 104-dong-dong, and without obtaining an automatic driver’s license on a section 100 km from the inside of the congenital Gidong-dong Do-dong 104-dong. The summary of the evidence is that the Defendant driven an A

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Registers of driver's licenses;

1. Each protocol of seizure;

1. A written diagnosis of injury to B;

【Prior Records of Judgment】

1. Inquiries about criminal records, etc. and investigation reports (the attachment of criminal records, written judgments of suspects, and data on the current status of identification);

Application of Statutes

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

Article 337 (Bodily Injury by Robbery, Selection of Imprisonment) Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (Unlicensed Driving and Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 (Extent of Bodily Injury by Robbery)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act (the weight of concurrent crimes with punishment prescribed in the crime of injury by robbery with heavy punishment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing)

1. Reasons for sentencing: Imprisonment with prison labor for a period of three years and six months to twenty-five years;

2. Sentencing criteria:

(a) Sentencing criteria for the crime of robbery and injury;

[Determination of Type] Robbery and In the event of injury, general robbery (Type 1)

[Special Instigator] Reduction element: Minor injury

[The scope of recommendations and recommendations] Reduction Area, 2 years to 4 years of imprisonment

【General Adopteds】

-Aggravationd factors: Cumulative repeated crimes not falling under special (Cumulative Offense) special (Cumulative Offense)

- Mitigation elements: Minor assault, intimidation, serious radius;

(b) The range of sentences subject to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years and concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the guidelines for sentencing have not been set and the lower limit of the standard for sentencing among robbery and injury by robbery for which the guidelines for sentencing are set;

3. Determination of sentence: The crime of this case for three years and six months is committed by force by the victim, who was under the way of the defendant's way, by force, and by taking into account the following gings, etc., and by taking advantage of the circumstances of the crime, how the crime was committed, how the crime was committed, and how the crime was committed, etc.; the defendant was sentenced to a punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and again committed the robbery in this case during the repeated crime period after the execution of the sentence was completed; both unfavorable circumstances and damaged items have been temporarily returned; the defendant is recognized and against the crime; the victim's degree of injury is relatively minor; the victim's age, character and behavior, living environment, motive, means and consequence of the crime, and all other circumstances that form the conditions of sentencing, such as the conditions of sentencing after the crime, shall be determined as the sentence as ordered.

Justices Kim Jong-soo

Judges Appellateization

Judges Kim Young-young