2017Gohap 1150 Attempted robbery, Intrusion upon a structure

A

Formation leaps (prosecutions) and Escops (Trial)

Law Firm B

Attorney in charge C

January 31, 2018

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

Criminal Records

On August 27, 2015, the Defendant was sentenced to one year and six months from the Seoul High Court to imprisonment with prison labor for the purpose of the main building and the attempted crime of arson, etc., and was released on September 30, 2016 from parole on the parole on December 3, 2016 in the execution of the sentence.

Criminal facts

The Defendant did not have any fixed income due to the absence of occupation, and the circumstances have deteriorated due to delinquency in paying mobile phone charges around October 2017 due to failure to pay mobile phone charges, etc., and the Defendant was willing to enter the entertainment tavern in the 'E located on the first floor above the Seoul Jung-gu Seoul Special Metropolitan City D having a large volume of 1 to 2 times as a customer and to have the property taken by force.

1. Intrusion a structure;

around 06:20 on October 28, 2017, the Defendant: (a) entered the said “E” entertainment tavern operated by the Victim FF, with the intent of taking property from the entertainment drinking house, and intruded into the entrance door opened at the place. Accordingly, the Defendant infringed on the structure managed by the said victim.

2. Attempts to robbery;

On October 28, 2017, at around 06:20 on October 28, 2017, the Defendant: (a) intending to take property in order to prevent a female passenger from putting the body of the Victim F, which was prepared in the same place as described in paragraph (1), and to take the lower part of the part of the Victim G (the age of 59, the female) waiting for customers; and (b) to take part in the lower part of the victim G (the age of 59, the female) and to take part in the lower part; and (c) by threatening the victim’s f (the age of 64, the female), which was located adjacent to the bed bank, from resisting the Defendant’s sound; and (d) failed to take part in the victim’s body so that the victim’s f (the age of 64, the female), who tried to take part in the property, but failed to take part in the victim’s entertainment drinking away from the amusement tavern to report, and failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement prepared by the F;

1. The offender's place, the occurrence report (Attempted robbery), the certificate of business permission, the report on internal investigation (Scebs verification at the time of committing a crime), the investigation report (Scebs analysis of CCTV), the investigation report (Scebs-type and the place of taxi riding), the investigation report (Scebs-type confirmation), the investigation report (Scebs-type notification) (the response of the Korean smart Card company), the investigation report (the specific taxi boarding by the suspect), the investigation report (the additional response to the Korean smart Card company), the investigation report (the additional response to the Korean smart Card company), the investigation report (the response to the request for the provision of communication data), the investigation report (the search of the suspect), the investigation report (the family relation certificate, etc. of the suspect), the investigation report, each seizure report, each seizure report, the list of seizure, the investigation report (the confirmation of clothes that the suspect sustained at the time of committing a crime), CCTV image, the investigation report (the results of electronic assessment and the external appearance of the body), the response to requests for appraisal;

1. Previous convictions indicated in his/her judgment: Reporting on criminal investigation (verification of the fact that the period of repeated crime of a suspect is period), and application of statutes;

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

Articles 319(1)(influence to a structure, choice of imprisonment), 342, and 333(influence to robbery) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Scope of Restrictions on Attempted Robbery in Article 42 of the Criminal Act)

1. Aggravation for concurrent crimes;

Articles 37(former part), 38(1)2, and 50 of the Criminal Act (aggravating concurrent crimes within the limit of proviso of Article 42 of the Criminal Act as stated in the crime of attempted robbery with heavier punishment)

1. Discretionary mitigation;

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

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

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

(a) Sentencing does not apply to attempted robberys;

(b) The sentencing criteria are not set for the crime of intrusion upon a structure;

3. Determination of sentence: In case of a case where one year and six months has passed since the defendant invaded on an entertainment drinking house to withdraw property, and committed an attempted crime, the content of the crime was more severe, and the defendant was sentenced to a punishment on December 3, 2016, which was held on the ground that the execution of the sentence was completed on December 3, 2016, and again committed the crime of this case during the repeated crime period, even after the execution of the sentence was completed, the defendant committed the crime of this case; the defendant recognized and closely reflects the criminal act of this case; the defendant agreed with some victims; the defendant's age, occupation, character and behavior, environment, family relationship, the details and method of the crime of this case, and the situation before and after the crime, etc.

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho