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(영문) 수원지방법원 안산지원 2015.12.23 2015고합276

특수강도

Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

피고인은 2015. 8. 22. 00:50경 안산시 단원구 C에 있는 피해자 D(여, 25세)의 집 앞에 이르러, 피해자가 창틀 위에 둔 출입문 열쇠를 발견하고 이를 이용하여 출입문을 열고 집안으로 들어가, 가져갈 만한 금품을 물색하던 중, 피해자가 잠에서 깨어나자, 피해자에게 이불을 덮어씌우고 한 손으로 피해자의 어깨를 누르면서 '꼼짝

(e) Bedon paper;

(e) Lighting; and

(iii)any death;

"The victim does not resist against the victim, and then brought about approximately KRW 50,000 (value of KRW 50,00) of the victim's handbag (value of KRW 70,000,000 in cash located on the floor).

Accordingly, the defendant invadeds on the residence of the victim at night, and forcibly taken the victim's property by assault and intimidation.

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Police seizure records;

4. Application of each statute of photography;

1. Articles 334 (1) and 333 of the Criminal Act applicable to the crimes;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Probation and community service order under Article 62-2 of the Criminal Act;

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: Robbery - General Criteria - Type 2 (Special Robbery);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

3. Criteria for suspension of execution;

(a) Major reasons for participation: Members not subject to punishment;

(b) Reasons for general participation: Serious reflectivity and clear social ties (popic elements).

4. In this case, the decision of sentence is that the defendant satisfeed the victim's house during the night with covering and threatening the victim's house, and the character and circumstances of the crime are not good.

The defendant shall be a grandchild, etc.