2013 Highest 77 Robbery and Violation of the Punishment of Violences, etc. Act

2013 Highest 912(combined), Maternal Intrusion of Deadly Weapons, Punishment of Violences, etc. Act

Violation of the rate (a group, destruction, damage, etc. of a deadly weapon) and violence, etc.

Violation of the Punishment Act (an act of violence against a group, deadly weapon, etc.);

Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)

Intimidation. Property Damage, Intimidation.

this Ordinance (81years, South, and North)

Residentialization City

Seoul basic domicile

The holder of the right, the holder of the right, the holder of the right, the holder of the right, the holder of the right, the holder of the right

Attorney Kim Young-ju (Korean)

April 24, 2013

Defendant shall be punished by imprisonment with prison labor for two months or more, and by imprisonment for two years or more with prison labor for two years or more, and by imprisonment for two years or more with prison labor for two years or more, and by imprisonment for two years or more, as stated in the Decision 2013Ma912.

The list Nos. 1 through 4 of the seizure records of the Suwon District Prosecutors' Office 2012Mo2938, which was seized, shall be confiscated from the defendant.

Punishment of the crime

On April 17, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for occupational embezzlement, etc. in the Suwon District Court's Ansan Branch, and the judgment became final and conclusive on April 25, 2009.

[2013 Highest 77]

피고인은 일정한 직업이 없이 부모님과 동거하며 딸을 기르고 있는 자로, 생활비가 부족하자 혼자 살고 있는 같은 마을 주민 피해자 최██(여, 56세)의 주거지에 침입하여 피해자로부터 금품을 강취할 것을 마음먹고, 2012. 9. 20. 14:25경 화성시 매송면 야목동길에 있는 피고인의 주거지에서 범행에 사용할 목적으로 식칼(칼날 길이 20cm), 장도리(길이 30cm), 복면 1점, 마스크 2점을 준비한 뒤, 같은 날 14:45경 화성시 매송면야목동길에 있는 피해자의 주거지에 이르렀다.

On the other hand, the defendant continued to intrude into a mardy field inside the victim's residence, and confirmed that the marct is divided into the front door with the front door, and it was discovered to the police officer who belongs to the police station in the gymnasium, which was patroled during the patrol while opening the shock network attached to the window using a marry which had been fright to enter the house through the windows, and destroying the glass door.

Accordingly, the defendant prepared a knife, which is a deadly weapon for robbery, prepared robbery, carried a deadly weapon into the victim's residence, and damaged the victim's property.

[2013 Height912]

피고인은 피해자 이██(68세)과는 부자관계, 피해자 이██(37세)과는 형제지간이다.

1. 피해자 이██에 대한 범행

(a) Violation of the Punishment of Violences, etc. Act (a)

피고인은 2011. 6. 일자불상 09:00경 화성시 매송면 야목리에 있는 피해자 이██의 집에서, 피해자가 출근하라며 피고인을 깨웠다는 이유로 “이 좆 같은 게 지랄이네, 널죽여 버리겠다”고 하며 흉기인 과도(칼날 길이 20cm)를 들고 피해자의 멱살을 잡아 흔들어 폭행하였다.

(b) Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc., threat to ascendant);

At around 17:00 on October 201, 201, the Defendant, on the ground that the victim gave a warning to the Defendant at the above place, deemed “feasible death,” and brush, a dangerous object, and threatened the victim with a flag.

2. 피해자 이██에 대한 범행

A. Intimidation on February 18, 2009

Around 19:00 on February 18, 2009, the Defendant made intimidation by notifying the victim of harm and injury on the ground that the victim does not have money to the Defendant.

B. Intimidation on December 21, 2012

피고인은 2012. 12. 21. 07:55경 불상지에서, 피고인의 휴대폰을 이용하여 피해자의 휴대폰으로 ‘죽는 게 무섭냐ㅋㅋ병신ㅋ‘, ’니들이 나 죽일라고 하는군ㅋㅋ 내가 엄마고너고 죽인다ㅋ‘, ’ㅋㅋ병신들‘, ’엄마를 죽여야 니가 정신 차릴까ㅋ‘, ’ㅎㅎ벙ㅇ신 지금보자 ██아 ㅋ 곧 기다료‘라는 내용의 문자메시지를 전송하는 방법으로 피해자에게 해악을 고지하여 협박하였다.

(c) Damage to property;

On January 4, 2013, the Defendant: (a) around 22:20 on 22:20, around the house of the victim in the Yari apartment in the Yari-si, the Defendant: (b) on the ground that the victim does not open the door, and (c) on the ground that the victim would throw away the door, and (d) using a fire extinguisher in the corridor, which was located in the corridor, damaged the property so that the repair cost can be lost.

증그¶의 요지

[2013 Highest 77]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. 최██에 대한 경찰 진술조서

1. Police seizure records;

1. 수사보고(일반), 현장 사진, 범죄인지, 수사보고(피해자 최██ 전화 진술 청취)

[2013 Height912]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. 이██, 이██에 대한 각 경찰 진술조서

1. The offender's place, report of occurrence of crime (Assault, etc.), investigation report, photograph, investigation report (the reason for reporting by the victim), and a copy of resident registration;

【Prior Records at the Time of Sales】

1. A written inquiry of criminal records, etc., investigation reports (absing of dispositions before and after similar judgments), personal identification and confinement status, investigation reports (absing of relevant judgments);

Application of Statutes

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

Article 343 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Articles 3(1) and 2(1)1 of the Criminal Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Articles 260(2) of the Criminal Act, Articles 260(2) of the Criminal Act, Articles 3(1) and 2(1)2 of the Punishment of Violence, etc. Act, Article 283(2) of the Criminal Act, Article 366 of the Criminal Act, Article 283(2) of the Criminal Act, Article 283(2) of the Punishment of Violences, etc. Act, Article 283(2) of the Criminal Act, Article 283(2) of the Criminal Act, each of the Criminal Act.

1. Handling concurrent crimes;

형법 제37조 후단, 제39조 제1항(판결이 확정된 업무상횡령죄 및 판시 피해자 이██에 대한 2009. 2. 18. 협박죄 상호간)

1. Aggravation for concurrent crimes;

형법 제37조 전단, 제38조 제1항 제2호, 제50조{피해자 이██에 대한 2009. 2. 18. 협박죄를 제외한 나머지 죄들에 대하여, 형 및 죄질이 가장 중한 폭력행위등처벌에 관한법률위반(집단·흉기등존속폭행)죄에 정한 형에 경합범가중}

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

[Scope of Punishment] Imprisonment with prison labor for not less than two years but not more than 45 years

1. Violation of the Punishment of Violences, etc. Act (a group or a deadly weapon, etc.;

[Determination of types of crime] Class 6 of violent crimes and assault crimes (Special Violence)

【Special Convicted Persons】

Aggravations : Victims

[Scope of Recommendation] Aggravated Punishment (at least eight months of imprisonment, but not more than two years and four months of imprisonment)

2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. Intimidation).

[Determination of types of crime] Types 4 (Special Intimidation) of violent crimes and Intimidations

【Special Convicted Persons】

Aggravations : Victims

[Scope of Recommendation] Aggravated Punishment (at least eight months of imprisonment and not more than two years of imprisonment)

3. Handling of multiple offenses;

Imprisonment with prison labor for not less than two years, but not more than three years and not more than three months (within the scope of the punishment by law, in consideration of robbery preliminary crimes, violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., intrusion upon residence), violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc., to property), damage, and intimidation (the crime of intimidation in February 18, 2009 is related to latter concurrent crimes, and thus, the sentencing criteria shall not apply) and the punishment shall be determined as follows:

4. Determination of sentence;

Considering that the crime of this case was committed by the defendant in preparation for robbery, carrying with a deadly weapon and assault and intimidation his father, threatening the victim who has been punished for the same kind of crime, and damaged the victim's property, the defendant repeated each of the crimes in spite of the past record of punishment for the same kind of crime, his father's excessive act or her awareness, etc., and the victims suffered considerable damage due to the long-term violence of the defendant, it is inevitable to sentence like the disposition against the defendant, even if considering the motive, means and result of the crime of this case, and all of the sentencing conditions in this case, such as the motive, means and consequence of the crime of this case, the situation after the crime of this case was committed, the defendant's age, character and conduct, family environment, etc., as well as the punishment conditions in this case, it is inevitable to sentence the defendant as ordered.

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-tae