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(영문) 서울서부지방법원 2018.04.04 2017고합422

강도

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2017, at around 02:45, the Defendant: (a) took a bath in front of the victim D(64) who had a path in front of the Eunpyeong-gu Seoul building C building, and took a part of the victim’s face and body in drinking, and (b) taken the victim’s cellular phone (S5) at the back of the victim’s balle and on the back part of the ballebus, so that the Defendant could not resist the victim’s face and body, and could not resist the victim’s face and body, and (c) taken the victim’s cell phone (e.g., g., S5) at the market price of the victim’s ballebus and on the back part of the galbus.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Report on internal investigation (related to cards used as criminal tools);

1. A criminal investigation report (related to the ship involved in committing a crime);

1. Investigation report (report on the place of crime and attachment of guidance), the application of the Acts and subordinate statutes governing NAV guidance;

1. Article 333 of the Criminal Act concerning the crime;

1. Reduction of a small amount (The following circumstances favorable to the defendant shall be considered) under Articles 53 and 55 (1) 3 of the Criminal Act:

1. Article 62 (1) of the Criminal Act (The following circumstances favorable to the defendant shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection and Observation of Community Service Orders and the observation of protection;

1. Class I (general robbery) mitigated factors according to the sentencing guidelines: The scope of recommended sentences [the scope of punishment [the area of recommendation and the scope of punishment recommended] according to the sentencing guidelines, the area of mitigation of punishment, the area of mitigation of punishment, and one year and six months and less than three years;

2. Determination of sentence: One year and six months of imprisonment, three years of suspended sentence, three years of probation, observation of protection, and crime of this case committed during 80 hours of community service activities is a case of forcibly taking things against older victims at night, and the risk or possibility of criticism of the crime is high, and the degree of intimidation by the defendant is minor in light of the statement made by the victim to the effect that he was suffering from a threat of life at the time of the crime of this case.

It can not be seen, and the defendant has a criminal record of a single-time fine, as well as two times suspension of indictment due to violent crimes.