2018Gohap19 Special Robbery

A South 69. Symar

New Superintendent General (prosecutions) and Macran (Trial)

Attorney B (Korean National Assembly)

April 27, 2018

A defendant shall be punished by imprisonment for three years.

One color tape (Evidence No. 8), one (Evidence No. 9), and one (Evidence No. 10) of a powder, each of which is seized.

(2).

Criminal facts

On December 2, 2017, the Defendant got out of the company accompanying the Defendant, resulting in a lack of living expenses, with the intention of taking another’s property.

On January 18, 2018: 07: around 50, the Defendant: (a) at 0 points * at ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ KRW 000, 500, 100, 50, 100, 500, 100.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 334(2) and (1), and Article 333 of the Criminal Act (Selection of Imprisonment)

1. Discretionary mitigation;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria;

[Scope of Recommendation Form 2 (Special Robbery) Basic Area (3 years to 6 years)

[Special Mitigation or Discretionary Mitigation] Punishment / Robbery by Financial Institutions

3. Determination of sentence: Three years of imprisonment; and

The crime of this case is committed in a toilet located in the building of ○○○○ safe, with the kitchen knife and blue tape, which is a deadly weapon prepared by the defendant in advance, and is hiding the above money. In light of the Criminal Procedure Act, the defendant committed the crime of this case, such as the fact that the victim, who is an employee of ○○○○○○○ safe, enters the front door of ○○○○○○ safe in order to have the victim attend school, and followed by the defect victims, etc., leaving ○○○○○○○○○○○ safe in order to have the victim attend school, and threatened the victim, and let the victim enter the above 10,00,000,000 won while keeping in the safe, and took the above money into the blue tape, and took over the above money, and it is very heavy in quality of the crime and criminal situation, the robbery of the crime against the financial institution, and the planned amount of the crime of this case is necessary to be punished again during the suspension of execution.

However, the defendant shows an attitude against the defendant when recognizing the crime of this case, all of the damaged goods were temporarily returned to the victim and recovered from damage, the victim was the victim's preference against the defendant, and the defendant did not have any record of punishment for the same kind of crime. Considering the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, various sentencing factors as shown in the argument of this case shall be determined as ordered by taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc.

Judge Full attendance of the judge

Judge Lee Jong-soo

Judges Choi Min-young