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(영문) 수원지방법원 안산지원 2013.12.06 2013고합303

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:05 on October 1, 2013, the Defendant got home under the influence of alcohol from the second floor of the building located in Ansan-si, the second floor of the building located in Ansan-si, the Defendant got off the victim's her hand by approaching the back of the victim D (n, 42 years of age), and continued to prevent the victim from resisting the victim's her hand, thereby getting off the victim's her seat by getting off the victim's her seat, and then getting off the bank equivalent to KRW 70,00 in cash, identification card, credit card, etc. at the market price of KRW 60,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. E statements;

1. Application of statutes on damaged articles and photographs of suspects;

1. Article 33 of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines (determination of types of punishment), robbery crime group, Type 1 (General Robbery) (Special Robbery) mitigated elements among general standards: The area of mitigated punishment [the scope of recommending punishment]: One year and six months to three years.

3. The crime of this case by which the Defendant committed the crime of this case was committed by assaulting a female returning home and forceing a room containing 70,000 won in cash. Considering that the nature of the crime is not easy, and that the victim is deemed to have suffered considerable mental shock due to the crime of this case, it is necessary to punish the Defendant strictly.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, that the defendant does not want punishment against the defendant by mutual consent with the victim, and that the defendant is the primary offender who has no criminal power, the age, character and conduct, environment, and the case.