A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

On March 10, 2018, at the front of Dongjak-gu Seoul Metropolitan Government, the Defendant: (a) got off the victim D (V, 37 years of age) who was passing through his place, and forced the victim to voluntarily withdraw an amount equivalent to KRW 100,000 in cash, and KRW 200,000 in hand of the victim’s handbag market in mobile phones, etc.; (b) however, the Defendant did not bring the victim to a large sound by putting the handbag on the part of the victim, and thereby caused the victim to an attempted crime, and thereby, the Defendant took advantage of both slots and checks that require treatment for about 10 days.

As a result, the defendant forced the victim to withdraw the victim's property, and caused the victim to suffer an injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A photograph of damage, written opinion [a] victim's photograph, and written opinion (a defendant asserts that he/she is the victim's child during the process of leaving the victim's body and handbag. However, in light of the victim's specific and consistent statement from an investigative agency to this court and the victim's detailed and consistent statement, excessive attitude, standing part and form, etc., it can be recognized that the defendant forcibly withdraws property after he/she invadeds the victim's resistance as stated in the facts constituting a crime in the judgment of the court].

Application of Statutes

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the choice of punishment;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than three years and six months from June to June 12; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area of special mitigation [the scope of the recommended punishment and the scope of the recommended punishment], one year or four years, where the occurrence of the result of the bodily injury or negligence resulting from the minor injury or negligence (the person subject to special sentencing] of the category 1 (the general robbery) (the person subject to special sentencing), but the basic crime is minor.