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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2014. 1. 25. 18:20경 원주시 C에 있는 D슈퍼 앞길에서, 그곳에 주차되어 있던 피해자 E(여, 49세) 소유의 F 투싼 승용차의 조수석 뒷문을 열고 안에 놓여 있던 가방을 뒤지며 절취할 금품을 물색하던 중 피해자의 일행인 G에게 발각되어 도주하다가 피해자로부터 뒷덜미를 붙잡히자 체포를 면탈할 목적으로 좌측 손으로 피해자의 머리채를 잡고 오른 주먹으로 피해자의 얼굴을 1회 때린 다음 넘어져 있던 피해자의 배 부위를 오른 발로 1회 걷어찼다.

Accordingly, the defendant tried to steal the victim's property, and assaulted the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria (determination of types), group of robbery crimes, general standards, general robbery (type 1): Reduction elements: Imprisonment with prison labor for a year and six months to three years.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence are deemed to have committed assault against a victim for the purpose of evading arrest when the defendant was discovered to steal another person's property and escaped. However, the defendant is deemed to have a physical disability Grade II, and the defendant is deemed to have committed the crime in this case, and the victim is committed against himself; the victim does not want the punishment; the victim does not want it; the victim does not have any theft damage; the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and all the sentencing conditions specified in the arguments in this case shall be determined as the sentence.