2014Gohap67 Special robbery

2014 Highly 392(combined) Fraud, violation of the Establishment of Homeland Reserve Forces Act

A

Lee Sung-sik, Lee Jae-chul, Lee Jae-chul

Attorney B (Korean National Assembly)

May 15, 2014

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Probation shall be issued to the accused for two years and community service for 120 hours.

Criminal facts

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On December 2, 2013, the Defendant prepared a knife, which is a deadly weapon to be used for committing the crime of taking money and valuables, as a result of the lack of living expenses for a policeman.

1. Special robbery as of December 23, 2013

At around 05:00 on December 23, 2013, the Defendant entered the 'D' convenience store located in Dongdaemun-gu Seoul Metropolitan Government as a customer, leaving the knife knife in the knife and threatened the victim E (the knife age 31) who is an employee, with the knife in the knife knife, threatened the victim's resistance to the victim, and forcibly received 160,000 won in cash from the victim.

2. Special robbery as of December 31, 2013

On December 31, 2013, at around 06:25, the Defendant entered the convenience store of "G" located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with the knife of the knife inside the knife, threatened the victim H (n, 23 years old), who is an employee, with the knife of the knife, and threatened the victim's resistance, and led knife knife knife knife knife knife knife knife knife knife knife knife knife h.

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1. Fraud;

On February 2, 2013, the Defendant concluded that, if the Defendant borrowed KRW 20 million to the victim before the Central Branch of Saman Bank in Songpa-gu, Songpa-gu, Seoul, the Defendant would complete the repayment of all debts of KRW 7.5 million, including the Defendant’s debts, up to October 26, 2013. However, at the time of the fact, the Defendant’s debt amount was equal to KRW 150 million, and there was no intention or ability to repay the debt amount even if the Defendant borrowed money from the victim, since the Defendant had to pay the interest equivalent to KRW 10 million per month.

Nevertheless, the Defendant, by deceiving the victim as such, obtained money from the victim to the Japanese bank account (J) in the name of the Defendant on the 26th day of the same month from the victim and acquired money from the victim as the borrowed money.

2. Violation of the Establishment of Homeland Reserve Forces Act;

On October 30, 2013, the Defendant received a second supplementary training (6 hours) from the Defendant’s mother M on November 28, 2013 at the Defendant’s house located in Songpa-gu, Seoul and Dadong 102 (L) and the Defendant’s mother M on November 28, 2013, and received a second supplementary training (6 hours) from the Defendant’s mother M, the Defendant did not receive the said training without justifiable grounds.

Summary of Evidence

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1. Defendant's legal statement;

1. The police statement of H;

1. E statements;

1. Each protocol and list of seizure;

1. A criminal investigation report (to confirm on the page of theCCTV crime), and a criminal investigation report (CCTV analysis report);

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1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Details of account transactions and accusation;

Application of Statutes

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

Articles 334(2) and (1), 33(1), and 333 of the Criminal Act (special robbery, choice of limited imprisonment), Article 347(1) of the Criminal Act (Fraud, choice of imprisonment), Articles 15(9)1 and 6(1) of the Establishment of Homeland Reserve Forces Act (the non-compliance with the call for reserve forces training, and choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the most severe punishment and punishment), Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed for special robbery as of December 31, 2013)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of punishment: Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. Scope of recommendations: Imprisonment for not less than two years and six months; and

(a) A point of each special robbery;

[Determination of Type] General Criteria for Type 2 (Special Robbery)

[Special Mitigation] Ad hoc Inspector

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment with prison labor for not less than two years and not more than four years;

【General Convicts】

- Aggravations: planned crimes

- The mitigation element: a life-type crime, a simple carrying of deadly weapons, and a serious reflect, in the event that the acquisition of money or valuables in a minor amount is intended;

B. Fraud

[Determination of Type 1] General Fraud (less than KRW 100 million)

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of not less than six months but not more than one year and six months;

【General Convicts】

-Aggravationd factors: Use of personal trust relationship

- Mitigation elements: Serious reflect

(c) Aggravation of multiple crimes 1 + 1/2 of the upper limit of second crimes + Results of 1/3 of the upper limit of third crimes: Imprisonment for not less than two years and not more than six months but not more than six months;

3. Determination of sentence: Imprisonment with prison labor for three years, suspension of execution for four years, probation for two years, and community service work for 120 hours; taking property from victims while carrying a deadly weapon; taking advantage of personal trust relationship; obtaining money from them; and failing to comply with the call-up of the reserve forces without any justifiable reason; however, in the case of special robbery, the damage caused by the crime is relatively minor; the victim does not want punishment by mutual consent with the victims; the defendant is living together with the victim; the defendant is living in a serious economic crisis; the defendant prepared living expenses due to heavy economic crisis; the defendant was committed in the crime of this case to repay debts; the defendant has such motive; the defendant does not have any special criminal history other than a fine once; and the defendant shall be determined by comprehensively taking into account the age, character and behavior, motive, means and circumstances of the defendant in this case; and the order and punishment of the crime, as stated in the oral proceedings of this case; and the defendant shall be determined by comprehensively taking into account the following circumstances:

It is so decided as per Disposition for the above reasons.

Equal judges of the presiding judge;

Judges Lee Jae-sik

Judges Ooman

1) Since each special robbery for which the sentencing guidelines are set, and each special robbery for which the sentencing guidelines are set, and the crime of violation of the establishment of a foundation for which the sentencing guidelines are not set, are concurrent crimes under the former part of Article 37 of the Criminal Act, each special robbery for which the sentencing guidelines are set according to the standards for handling multiple crimes in the sentencing guidelines and the lower limit