2017 Highis271, 2017 Highis463(combined)

Robbery (a recognized crime name injury, theft), assault

A

Park Gyeong-sap, Kim training (prosecutions), and memorial leaps (public trial)

Attorney B (Korean National Assembly)

July 6, 2017

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

To order the defendant to be put on probation.

Criminal facts

"2017 Gohap271"

On December 24, 2016, at the D bus stops located in Jongno-gu Seoul Metropolitan Government around 11:28 on December 24, 2016, the Defendant: (a) caused the victim E (Nam, 59 years of age) who was on board the city bus No. 470 to get out of the city bus, by misunderstanding that he/she would be able to get out of the city bus; (b) caused the victim by misunderstanding that he/she would be able to get out of the city bus; and (c) caused the victim by seriously assaulting the victim, such as drinking and launchinging the face of the fake victim; and (d) caused the victim’s injury, such as an unexponed section of the treatment

In the process of assaulting the victim, the Defendant continuously saw one cell phone of 800,000 won at the market price of the victim’s possession, which was harming the floor during the process of assaulting the victim.

"2017, 463"

At around 23:30 on January 16, 2017, the Defendant assaulted the victim’s face one time by hand on the ground that the victim I (the age of 55) who was seated in the back seat of the Defendant was frighted on a H high-speed bus running on an expressway near the G resting area in F at the Gongju City, on the ground that the victim I (the age of 55) was frighted.

Summary of Evidence

"2017 Gohap271"

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. E statements;

1. Photographs of the place of occurrence, the upper part of the victim's body suffered after being assaulted by the victim, the face of the victim's escape after the victim's assault, the face of the suspected victim's J's sJ's settlement at the taxi, and the response of NH cards to the National Agricultural Cooperative;

1. Report on internal investigation (related to telephone calls of witnesses at the time of the incident, the connection with the confirmation of bus booms No. 500, the relation to the confirmation of bus booms No. 470, and the report of investigation (video data, such as bus booms);

"2017, 463"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of I;

1. Photographs;

1. Investigation report (I telephone conversations, telephone conversations between passengers at the time, and relative investigation of bus drivers on the day of the incident);

Application of Statutes

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

Article 257(1) of the Criminal Act (influence of injury, choice of imprisonment), Article 329 of the Criminal Act, Article 260(1) of the Criminal Act (influence of larceny and choice of imprisonment) (influence of violence 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 (Aggravation of concurrent crimes with the punishment prescribed for the most severe injury)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation;

The main sentence of Article 62-2(1) and (2) of the Criminal Act

Reasons for sentencing

1. The scope of punishment: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Theft;

[Determination of Punishment] thief thief thief thief thief thief

[Special Mitigation] Ad hoc Inspector

[Recommendation and Scope of Recommendations] Reduction Area, 6 months to 1 year

(b) Concurrent crimes: Crimes of injury; and

[Determination of Type] General Injury to Violence Crimes (General Injury)

[Special Mitigation] Minor Bodily Injury, Disapproval of Punishment

[Recommendation and Scope of Recommendations] Special Mitigation Area, Imprisonment of one month to one year

(c) Concurrent crimes: Assault; and

[Determination of type] Violence 1 (General Violence)

[Special Mitigation] In a case where the degree of assault is minor

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to eight months

(d) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months to August 20.

3. Determination of sentence;

[Unless there exist any other reasons, the Defendant unilaterally committed an act of violence against the victims who do not have any awareness of influence, and committed a theft of the victim E’s mobile phone. Such act of causing harm to a person without any limit is not a serious criminal act that causes extreme anxiety to the persons who live in peace. Since 2015, the Defendant caused multiple violent problems, and even after having been sentenced to a fine due to a crime similar to the instant case, the Defendant did not control his violent inclinations and did not control them again, and again, committed the instant crime.

[G] The Defendant’s mistake is both recognized, and both of his or her errors are against the Defendant, and there is no record of having been sentenced to a fine twice as a crime related to violence, but there is no record of suspension of execution or more criminal records. The Defendant does not want to be punished by the Defendant according to the Defendant’s agreement with the victim E, with the victim E. The Defendant appears to be suffering from mental illness, such as sporadic and sporadic disorder, and the Defendant appears to have used dynamic violence due to his or her ignorance that he or she wants to harm himself. The Defendant and his family members are promising to receive active treatment so that they do not repeat these crimes.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

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