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(영문) 서울중앙지방법원 2020.06.12 2020고합183

준강도등

Text

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.

Reasons

Punishment of the crime

1. On September 6, 2019, at around 00:09, the Defendant stolen the victim D’s market price by using the gaps in the first floor of the first floor located in Seocho-gu Seoul Metropolitan Government, with the supervision over the surrounding area neglected.

2. On September 6, 2019, the Defendant attempted to larceny with 200,000 won or more of the market value of the victim E, which is placed in the tables, by taking advantage of the gaps in around the club as described in paragraph (1), around 01:55, in which surveillance was neglected, and attempted to steals with one disease. The Defendant was discovered to the employees of the club, who was in compliance with the relevant place.

3. At around 02:10 on September 11, 2019, the Defendant: (a) discovered the victim F, the victim F, and the victim F, and the victim F, who was located under the tables owned by G, using the gaps in which the supervision over the surrounding areas was neglected; (b) laid down the vinyl paper, and then laid down the H’s hand to the H, who is a security personnel of the club, for the purpose of evading arrest of the person who was removed from the club, and then committed assault.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement of F and D;

1. Application of the Acts and subordinate statutes to the victim H photographs of the police officer in mobilization, and photographs of damaged objects taken by the police officer in mobilization;

1. Relevant Articles 335 and 333 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes of severe robbery)

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (the consideration of favorable circumstances among the reasons for the punishment for punishment by imprisonment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for suspended sentence which are advantageous to the two sentences);

1. The scope of punishment by law: Imprisonment for one year and six months to twenty-one years;

2. The scope of recommendations according to the sentencing criteria; and