2013Gohap92A. Special robbery, and the punishment of an act of violence, etc. recognized as a special robbery

2013Gohap167(Consolidated), Violation of Law (Joint Conflict)

2014Gohap51(combined)(b) thief (A) partially recognized by the defendant A.

2014Gohap278(combined) Embezzlements of stolens possessing possession

2014Gohap492(Consolidated) c. Illegal events of official documents

(d) Violation of the Punishment of Violences, etc. Act;

(e) Special larceny;

1. A. (d) A

2. (a) B

3.(a)(c) C

4. D. D. D.

Clerks, Kim Chang-hee, Jin-hee, Lee Jin-hee, Lee Jin-young, and Jin-young (Trial)

Attorney E (National Election for the Defendant)

May 9, 2014

Defendant A shall be punished by imprisonment for a year and three months, by imprisonment for a year, by imprisonment for Defendant B, by imprisonment for a year and three months, by imprisonment for Defendant C, and by imprisonment for a period of six months, respectively.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment became final and conclusive, for three years for Defendant C, for Defendant D, and for one year for Defendant D.

To order Defendant B and C to provide each community service for 80 hours and 40 hours for Defendant D.

To order Defendant B to be put on probation for two years and three years for Defendant C.

Criminal facts

On November 12, 2013, Defendant D was sentenced to a suspended sentence of six months for a violation of the Military Service Act by the Seoul Southern District Court on November 12, 2013, and the judgment became final and conclusive on November 20, 2013.

[2013Gohap992]

1. Violation of the Punishment of Violences, etc. (Joint Bribery) by Defendant A, B, or C;

피고인들은 2013. 8. 12. 10:20경 서울 관악구 F에 있는 도로에서 혼자 걸어가고 있는 고등학생인 피해자 G(16세)에게 접근하여, 피고인 C은 피해자에게 휴대폰을 잠시 빌려달라면서 피해자를 근처 인적이 드문 골목으로 유인한 다음, 팔의 문신이 보이는 상태에서 "이 새끼 건방지네"라고 욕설을 하며 피해자의 안경을 벗기고 머리채를 휘어 잡고 "200초 동안 꼼짝 말고 있어"라며 골목 밖으로 나가고, 피고인 A 또한 팔의 문신이 보이는 상태에서 피해자에게 "핸드폰이 왜 이렇게 구려, 이 새끼야"라고 욕설을 하면서 피해자의 얼굴 부분을 주먹으로 2회 때리고, 피고인 B는 주변에서 망을 보았다.

The Defendants jointly got the victim from the victim who frightened and frighted, and received a cell phone 800,000 won of the market value of the victim’s possession from the victim.

2. The embezzlement and theft of stolen articles by Defendant A possessed by Defendant A;

A. On June 6, 2013, the Defendant embezzled the above resident registration certificate with his/her intent to have the victim himself/herself, without taking necessary procedures, such as: (a) the victim’s He/she was under the influence of alcohol at the drinking room near the water station located in the Suwon-si, Suwon-si, Suwon-si; (b) the victim’s humping away from the water station; and (c) the victim’s resident registration certificate was found to have been returned to the victim.

B. On August 10, 2013, the Defendant: around 00:12, the victim K, an employee of Geumcheon-gu Seoul Metropolitan Government I, laid off a cell phone 4 million won of Samsung gallon city with the market value of the victim’s ownership located above the gallon city, which was located above the gallon.

3. Unlawful uttering of official documents by Defendant C

around 10:01 on August 12, 2013, the Defendant used the above resident registration certificate to verify the identity for the identification of the person in charge of personal phone subscription to a mobile phone, stating that the Defendant’s possession of his embezzled H’s resident registration certificate, such as Defendant A’s paragraph 2(a) was a H, and that “the Defendant could make it possible to create a mobile phone or make it possible to make it possible for him to create a mobile phone.”

Accordingly, the defendant denied official documents.

[2013 Highest 1167]

4. The theft of Defendant A;

On 22:00 on 08. 09. 222:00, the Defendant used the victim P, a business owner of the 'O' located in N2 N2 in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for a cellphone 2,000 won at the market price owned by the victim who was placed on the string stand at the string stand.

[2014 1851, 278]

5. Violation of the Punishment of Violences, etc. Act (joint conflict) by Defendant A, B, or D.

The Defendants had access to the sex purchase with women who come to know in the course of hosting as if they were engaged in sexual traffic, and had the minors gain money with sexual intercourses.

On August 4, 2013, the above person who was not aware of his name came to contact with the victim Q Q(42 years of age) and to contact with him on August 4, 2013. On August 5, 2013, after promising the victim to contact with the victim Q(42 years of age). On August 23, 2013, the victim came to contact or to contact with the victim in the Scomel near the Geumcheon-gu Seoul Metropolitan Government R. 307.

위 성명불상자는 피해자로부터 성매매 대가로 20만 원을 먼저 달라고 하여 돈을 받자마자 바로 피해자에게 "아저씨, 내가 미성년자이니까 나를 그냥 내보내달라, 아니면 오빠들을 불러 혼내준다"라고 말하고, 이에 피해자가 위 성명불상자의 머리채를 잡고 제지하자 소리를 지르고, 피고인들은 위 모텔 3층에서 대기하다가 위 호실로 바로 들어가, 피고인 B는 피해자에게 욕설을 하면서 "아저씨, 이러면 안 되지"라고 말하고 주먹으로 때리는 시늉을 하면서 피해자의 팔을 잡아 꺾고, 피고인 D은 "가만히 있지 않으면 죽여버린다"라고 말하면서 피해자의 팔을 잡아 침대 안쪽으로 세게 밀치고, 피고인 A은 이에 가세하여 때리는 시늉을 하면서 "너 이 새끼, 여기서 나오지마"라고 말하고, 위 성명불상자는 발로 피해자의 정강이를 수 회 걷어 차고 위 20만 원을 가지고 모텔에서 나왔다.

As a result, the Defendants shared the victim with his name in common and received 20,000 won in cash from the victim who frightened the victim.

[2014Gohap492]

6. Special larceny by Defendant B and C

The Defendants moved on a cell phone against middle students in Seocho-gu Seoul, Seocho-gu, Seoul, and conspired to steal a cell phone by means of escape.

On August 21, 2013, around 13:30 on August 21, 2013, the Defendants discovered U(14 years of age) a road in Seocho-gu Seoul, Seocho-gu, Seoul, and reported to the victim D, Defendant B, and Defendant C, “I do not have a mobile phone exhauster. I do not have a mobile phone exhauster. I borrowed a mobile phone,” and Defendant C received one mobile phone 300,000,000 won from the victim and stolen the escape.

As a result, the defendants stolen the victim's property together.

7. The thief by Defendant C

On August 24, 2013, around 19:40 on August 24, 2013, the Defendant found the victim W(13 years of age) housing near the Seocho-gu Seoul Metropolitan Government V Building on the alleyway, and considered the victim as the victim's "one string of the mobile phone", which caused the victim's escape.

Summary of Evidence

【Each fact of paragraphs 1 through 3 at the time of sale (2013 Gohap992)

1. Each legal statement of the defendant A, B, and C;

1. Each police statement to G, H, and K;

1. A photograph (No. 6 No. 1) of a CCTV image closure;

[The fourth fact at the time of sale (2013 Highest 1167)

1. Defendant A’s legal statement

1. Statement of the police about P;

[Fact 5] 2014 Gohap51, 278

1. Each legal statement of the defendant A, B, and D;

1. Statement made by the police to Q Q;

1. Investigation report (or a relative investigation by CCTV inside the Smotoel);

1. Before judgment: Criminal records and investigation reports (Attachment of judgment) of Defendant D;

[Co. 6 and 7] Each fact of [2014 Highis492]

1. Each legal statement of the defendant B and C

1. Written statement by the police;

1. A written statement prepared by U;

Application of Statutes

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

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict, choice of imprisonment), Article 329 of the Criminal Act, Article 360(1) of the Criminal Act (the occupation of larceny, the choice of imprisonment), Article 360(1) of the Criminal Act

(b) Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (a) and Article 331(2) and (1) of the Criminal Act (a)

(c) Defendant C: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 230 of the Criminal Act, Article 231(2) and (1) of the Criminal Act, Article 331(2) of the Criminal Act, Article 329 of the Criminal Act

(d) Defendant D: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act

1. Handling concurrent crimes;

Defendant D: The latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act (the crime and the violation of the Military Service Act for which judgment has become final and conclusive)

1. Aggravation for concurrent crimes;

(a) Defendant A: Violation of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and the punishment of Violence, etc. (Joint Bribery) against the heavier Qua whose circumstances are the largest;

(b) Defendant B: Aggravation of concurrent crimes with punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, and Articles 50 of the Criminal Act, as well as concurrent crimes with punishment as provided for in the Punishment of Violence, etc. Act (Provided, That the lowest sentence shall be determined by the punishment for special larceny);

(c) Defendant C: Aggravation of concurrent crimes with punishment as provided for in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the offense of violation of the Punishment of Violences, etc. Act (joint crimes), of the largest punishment (Provided, That the lowest sentence shall be determined by the punishment for special larceny);

1. Suspension of execution;

Defendant B, C, and D: each Criminal Code Article 62(1)(The conditions favorable to the reasons for sentencing below)

1. Social service order;

Defendant B, C, and D: Article 62-2(1) of the Criminal Code

1. Probation;

Defendant B and C: The main sentence of Article 62-2(1) and (2) of the Criminal Act

Reasons for sentencing

1. Defendant A

(a) The scope of punishment: Imprisonment for a month to 22 years and 6 months;

(b) Application of the sentencing criteria;

1) Basic crimes, concurrent crimes 1: each larceny.

[Determination of Punishment] thief group, thief general property, 2 types (general thief)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation Area and Scope of Punishment] Reduction Area, 4 months to 10 months

2) Concurrent crimes 2: Violation of the Punishment of Violences, etc. Act (joint conflict) against Q

[Determination of Punishment] Meritorious, General Bribery, Type 1 (less than 30 million won)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation Area and Scope of Punishment] Reduction Area, Above 8 months

3. Recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for up to four months, or one year and five months (=10 months + 10 months + 10 months (1/2) + 8 months (1/3)];

(c) Determination of sentence: Imprisonment with prison labor for a year and three months;

In light of the fact that the Defendant committed a similar crime, such as receiving property or theft of another person’s property, etc. by threatening the victim, and that the Defendant committed the instant crime during the period of suspension of execution, etc., the liability for such crime is not easy.

However, it is so decided as per Disposition in consideration of favorable circumstances, such as the fact that the victims except the victims of the crime of embezzlement of stolen property by possession do not want the punishment of the defendant, the fact that the victims were juveniles at the time of the crime of this case, and the fact that all of the crimes are recognized and seriously reflected.

2. Defendant B

(a) The scope of punishment: Imprisonment with prison labor for a period of one year to two years and six months;

(b) Application of the sentencing criteria;

(a) Basic crime: Special larceny;

[Determination of Punishment] thief group, thief general property, 2 types (general thief)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation Area and Scope of Punishment] Reduction Area, 4 months to 10 months

2) Concurrent crimes 1, 2: Violation of the Punishment of Violences, etc. Act (joint rapion).

[Determination of Punishment] Meritorious, General Bribery, Type 1 (less than 30 million won)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation Area and Scope of Punishment] Reduction Area, Above 8 months

3. Recommendation type based on the standards for handling multiple crimes: Imprisonment with prison labor for up to four months, or one year and four months (=10 months + 8 months + 8 months (1/2) + 8 months (1/3)];

(c) Determination of sentence: Imprisonment with prison labor for one year and two years of suspended sentence; and

In light of the fact that the Defendant received another person's property and stolen another person's property by attacking the victim, and that the juvenile protection disposition was already taken several times for similar crimes, the liability for such crime is not somewhat weak.

However, considering favorable circumstances, such as the fact that victims do not want the punishment of defendants, there is no criminal conviction or more than a suspended sentence, the fact that all of the crimes are recognized and seriously reflected, it is reasonable to suspend the execution of the punishment for defendants only once more than that of isolation from society for a certain period. It is so decided as per Disposition because it is reasonable to take corrective measures in society to prevent recidivism through probation and community service order.

3. Defendant C.

(a) The scope of punishment: Imprisonment with prison labor for a period of one year to two years and six months;

(b) Application of the sentencing criteria;

1) Basic crimes, concurrent crimes 1. Special larceny, larceny

[Determination of Punishment] thief group, thief general property, 2 types (general thief)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation Area and Scope of Punishment] Reduction Area, 4 months to 10 months

2. Concurrent crimes 2: Violation of the Punishment of Violences, etc. Act (joint rapion);

[Determination of Punishment] Meritorious, General Bribery, Type 1 (less than 30 million won)

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[Recommendation Area and Scope of Punishment] Reduction Area, Above 8 months

3. Recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for up to four months, or one year and five months (=10 months + 10 months + 10 months (1/2) + 8 months (1/3)];

(c) Determination of sentence: Three years of a stay of execution for one year and three months;

In light of the fact that the Defendant committed an offense, such as receiving property from another person and thefting another person's property, etc., and the fact that the Defendant has already been subject to suspended execution for the same kind of crime, the liability for such offense is not somewhat weak.

However, considering favorable circumstances, such as the fact that the victims of property crimes do not want the punishment of the defendant, the fact that all of the crimes are recognized and seriously against the defendant, it is reasonable to suspend the execution of the punishment only once more than is isolated from society for a certain period, instead of suspending the execution of the punishment, it is reasonable to take corrective measures within the society to prevent recidivism through probation and community service order. Therefore, it is so decided as per Disposition.

4. Defendant D

(a) The scope of applicable sentences: Imprisonment for one month to 15 years; and

(b) Non-application of the sentencing criteria as concurrent crimes under the latter part of Article 37 of the Criminal Act;

(c) Determination of sentence: One year of a stay of execution for six months; and

In light of the fact that the defendant received property by attacking the victim and received juvenile protection disposition several times due to the same kind of crime, the liability for the crime is not somewhat weak.

However, considering favorable circumstances, such as the fact that the victim does not want the punishment of the defendant and the fact that the defendant's punishment is recognized and seriously reflected, the execution of the punishment is suspended only once more than that of isolation from society for a certain period by sentencing the defendant, but it is judged that it is reasonable to take corrective measures within the society to prevent recidivism through the community service order. Therefore, it is so decided as per Disposition.

The presiding judge shall be a judge.

Judges Kim Gung-sung

Judge Freeboard