2017Gohap120 Special Robberys and robberys

2017Gohap296 (Joint Electronic Financial Transactions Act) Violation

2017.Swelves 7(Consolidated)

Claimant

A

Jin-style, mobile (prosecutions), Kim Jong-mick (Trial)

Attorney B (Korean National Assembly)

May 25, 2017

A defendant shall be punished by imprisonment for four years.

Seized knife knife knife knife knife knife knife knife knife knife g.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed as stated in the attached Form shall be imposed on the person requested to attach an attachment order.

Criminal facts and the facts constituting the attachment order

【Criminal Power】

On July 28, 199, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to five years of imprisonment with prison labor for special robbery, etc. in the Busan District Court's subsidiary branch on May 31, 2004, and completed the execution of the sentence. On August 18, 2006, the Seoul Central District Court sentenced five years of imprisonment with prison labor for special robbery and completed the execution of the sentence on March 7, 201.

【Criminal Facts】

"2017 Gohap120"

1. Special robbery;

On January 19, 2017, at around 14:43, the Defendant entered the “E” store operated by the victim D (W, 57 years of age) in the second floor of the Gangnam-gu Seoul building, and threatened the victim with a deadly weapon that was prepared in advance (22m in total length, 10cm in length) with a knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the defendant took a weapon with a weapon and took the victim's property by assault and intimidation.

2. Robbery reserve forces;

A. From January 22, 2017 to 14:42 on January 22, 2017, the Defendant prepared robbery, such as holding the knife and joint-wing locks as prescribed in paragraph (1), holding the areas around the commercial buildings, and painting the object of the crime, with the intent to use them for robbery at Samsungdong, Gangnam-gu, Seoul, and Cheongdamdong.

B. From January 23, 2017 to 15:18, the Defendant reserve the robbery in the aforementioned manner at the Gangnam-gu Seodong-dong and Seocho-gu Seoul Seocho-dong, Seocho-gu, Seoul.

C. From January 23, 2017, from around 15:26 to 18:15, the Defendant reserves robbery in the aforementioned manner at the Seocho-gu Seoul Seocho-gu Seoul Military Court.

"2017 Gohap296"

No person may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, around December 22, 2016, the Defendant received 3 million won from a person whose name is unknown on the front side of Pyeongtaek-si F, as a user fee, and transferred the physical card and its password of a corporate bank account (Account Number: G) issued under the name of the Defendant, using Kwikset Service, to a person whose name is unknown.

【Fact of Grounds for Attachment】

" 2017. 7.

The Defendant, as above, was sentenced to imprisonment with prison labor for robbery and again committed robbery within ten years after the completion of the execution of the sentence, and in full view of the circumstances of the crime, method of the crime, criminal records, etc., there is a risk of recommitting robbery.

Summary of Evidence

"2017 Highly 120" and "2017 Highly 7"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (a summary and analysis of the details of use of the suspect's transportation cards after committing the crime, hearing victim's telephone statement - confirmation of the amount of damage);

1. Protocols of seizure, lists of seizure and photographs of seized articles;

1. Previous records of judgment: Criminal history records, investigation reports (suspects' previous records and attachment of judgment);

1. Request for an electronic device attachment order, prior investigation, reply, investigation, summary of investigation, crime, etc., matters concerning those to be polled, evaluation of the risk of recidivism, investigator's opinion, evaluation table of KRAS-G, PCLR, abstract, resident registration record card, etc., criminal records inquiry, and confirmation of the fact of confinement, etc.;

1. The risk of repeating a crime: ① on July 28, 1999, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery, etc. in the Incheon District Court Branch Branch of the Incheon District Court and sentenced to protective custody on May 31, 2004; ② on August 26, 2005, the enforcement of the sentence was terminated; the robbery was committed during the period of provisional release; and on August 18, 2006, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery; ② on March 7, 2011, after the completion of the execution of the sentence; ② on March 7, 201, the Defendant was released from the existing protective custody; ② the Defendant’s total risk of recidivism at the level of 1st and 4rd risk of recidivism; and ③ the Defendant’s total risk of recidivism at the level of risk of recidivism; and ③ the Defendant’s total risk of recidivism at the level of risk of recidivism and recidivism; and ③ the Defendant’s total risk of recidivism.

"2017 Gohap296"

1. Defendant's legal statement;

1. The police statement of H;

1. Records of replies;

Application of Statutes

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

Articles 334(2) and (1), 333 (Special Robbery and Selection of Imprisonment) of the Criminal Act; Article 343 of the Criminal Act; Article 343 of the same Act; Article 49(4)1 of the Electronic Financial Transactions Act; Articles 6(3)1 and 6(3)1 of the Electronic Financial Transactions Act (the transfer of adjacent media; the selection of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Punishment for Crimes of Special Robbery with the largest punishment)

1. Discretionary mitigation;

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

1. Confiscation;

Article 48(1)1 and 1. Orders to attach electronic tracking devices and matters to be observed under the Criminal Act;

Articles 5(4)1 and 9-2(1)1 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders (as to the special robbery and the preliminary crime of robbery)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 22 years and not more than six months;

2. Scope of recommended sentences by applying the sentencing criteria: Imprisonment with prison labor for not less than three years;

(a) Crimes of special robbery;

【Determination of Recommendation and Scope of Recommendation】

General Criteria Category 2 (Special Robbery) Basic Area (3 to 6 years)

(b) Crimes of robbery and violation of the Electronic Financial Transactions Act: The sentencing criteria shall not be set;

(c) Results of standards for handling multiple crimes: At least three years of imprisonment (limited to the lower limit of the scope of sentence in the sentencing criteria for crimes to which the sentencing criteria are applied, since a crime for which the sentencing criteria are not applicable);

3. Determination of sentence: Four years of imprisonment;

The fact that the defendant all of the crimes in this case is led to the crime due to the heart of the middle-aged himself, who had suffered economic difficulties, is the favorable condition for the defendant.

However, the Defendant committed the robbery of this case even if he had been sentenced to imprisonment for the same kind of crime two times, and had been released from a provisional protective custody and attached with an electronic tracking device during the execution of the protective custody disposition. The Defendant committed the robbery of this case on three days after committing the robbery, he returned to a large area with a deadly weapon for the purpose of committing another robbery, and coloring the subject of the crime, and the Defendant did not make any effort for the recovery of damage, and thus did not reach an agreement with the victim is disadvantageous to the Defendant.

In the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and all the sentencing factors in the trial process, such as the circumstances after the crime, shall be determined as per the order.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong

A person shall be appointed.