Criminal Litigation Attorney | Criminal Appeal Attorney, Prosecutor's Appeal Dismissed in a Robbery Causing Injury Case

The criminal appeal attorney's clients, aware that the victim always kept a bag containing cash close to his body, had conspired to steal the victim's cash by the so-called 'snatch' method of grabbing the victim's bag.

While watching for an opportunity, the clients conspired so that some would take the role of seizing the victim's cash bag by the 'snatch' method, and some would take the role of keeping watch near the victim.

In accordance with the above conspiracy, the criminal appeal attorney's clients followed the victim, who was withdrawing approximately 500 million won in cash.

When the victim, with the bag containing the withdrawn cash slung over his shoulder, tried to get into a car, the clients struck the victim several times and knocked him down while trying to take the bag, and the victim resisted.

The criminal litigation attorney's clients, after suppressing the victim's resistance by pulling at the bag with their hands and other means, tried to take the victim's bag, and in doing so struck the victim, causing a cervical sprain and strain requiring about two weeks of treatment and an injury around the eye.

As people gathered around due to the commotion and made a report, the clients fled on a motorcycle.

In this way, the clients, by assaulting the victim, attempted to take by force the bag containing the victim's cash and inflicted injury on the victim.

The criminal appeal attorney's clients received a suspended sentence at the first instance for these criminal facts.

However, the prosecutor appealed, arguing that it was reasonable to find that the victim had suffered injury due to the clients' assault, that the judgment of the court below contained an error of misapprehension of the underlying facts, and that the judgment of the court below was excessively lenient.

The clients, who had repented of their crime and sought to live diligently, hoped only that, with the help of an appeal attorney, the sentence would not be increased at the second instance.

The criminal appeal attorney first pointed out that, although the clients had followed the victim for a long time, they did not carry any weapon or other means by which they could subdue the victim at once.

The attorney also emphasized circumstances such as the fact that, even when a scuffle broke out with the victim, they did not join forces to subdue him, and that, as a result, one of the clients used violence first but, met with the victim's strong resistance, was instead pinned beneath the victim, and was only able to barely escape the scene when the other one pulled the victim away.

In light of this, the clients did not originally intend to carry out a robbery in the manner of assaulting the victim and taking his valuables, but rather simply conspired to steal only the bag.

In view of the above, the appeal attorney requested the court not to increase the sentence, on the ground that the clients had not intended to injure the victim.

As a result of the facts charged that the appeal attorney examined, the cervical sprain and strain and the injury around the eye, with a prognosis of two weeks, could in themselves be assessed as injuries that do not interfere with daily life.

The attorney emphasized that, since these were injuries that would heal naturally even without particular treatment, it would be unjust to increase the clients' sentence.

In addition, the criminal litigation attorney's clients sincerely apologized to the victim, and the victim forgave the clients and reached an amicable settlement.

The clients committed this wrong through a momentary, foolish judgment, but, thinking of their remorse toward the victim and of the family and acquaintances who worry about them, they are resolved never to do wrong again.

To this end, they are reaffirming their will to live again as diligent members of society at every moment, including by preparing and submitting a written pledge to prevent reoffending while in the detention center.