A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a person with a physical disability, who lacks the ability to discern things or make decisions.

피고인은 2012. 4. 7. 13:20경 서울 동작구 C건물 앞 노상에서, 그 곳에 주차되어 있던 피해자 D 소유인 E 아반떼 승용차의 열려진 조수석 문을 열고 들어가 그 차량 안에 있던 동전 1,500원을 들고 나와 절취한 후, 그 절취 장면을 목격한 피해자 F가 피고인에게 "나 경찰관인데, 너 뭘 훔쳤느냐"고 말하면서 피고인의 오른 팔을 잡아 꺾고 피고인을 체포하려고 하자, 그 체포를 면탈할 목적으로 입으로 피해자 F의 오른 팔을 깨물고 달아났다.

Accordingly, the defendant assaulted the victim F with a shoulder for the purpose of evading arrest after larceny.

Summary of Evidence

1. Statement of victim in preparation of D;

1. The police statement concerning F;

1. A welfare card, a certificate of fidelity guarantee, and a hospital diagnosis certificate;

1. Application of statutes on site photographs;

1. Article 335 of the Criminal Act and Article 333 of the Criminal Act concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), group of robbery, general type, type 1 (general robbery): Simple assault and intimidation to evade arrest, mental or physical disability, non-compliance with punishment [the scope of the recommended sentence] from September to three years (at least two special mitigations exist in cases falling under the mitigation area and the lowest limit of the recommended sentence shall be mitigated by 1/2);

3. Determination of sentence: A sentence shall be determined as ordered in consideration of ten months of imprisonment, the fact that the defendant is in Grade ケ in a suspended sentence of two years, the amount of damage and the degree of violence are minor, the victim D shall not be punished against the defendant, and the family relation, age, character, conduct and environment of the defendant, circumstances after the crime, etc.