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(영문) 울산지방법원 2012.04.06 2011고합247

강도등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 7, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for robbery and three years of suspended execution at the Gwangju District Court on April 2, 2010, and the judgment became final and conclusive on July 15, 2010, and was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution at the Gwangju District Court on July 23, 2010, and the judgment became final and conclusive on July 23, 2010, and is currently the two suspended execution period.

1. On November 11, 201, the Defendant received KRW 2,000 in cash from the victim by threatening the victim, who completed a private teaching institute before Ulsan-gu, Ulsan-gu, and discovered the victim D(15 years of age) who returned home, leaving the victim so that the victim was unsatisfed, and then leaving the victim’s locked (the blade length, 9cm, 18.5cm in total length, 18.5cm, and No. 2).

2. The Defendant, at the same time and between the victim and the public parking lot at the postal service center in the vicinity, sustained an injury to the victim, such as crypitis that requires approximately two weeks of treatment in light of the victim’s face, chin, entrance, left neck, side gate, etc. under the pretext of providing a law that fights against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Police seizure records;

1. A written diagnosis of injury;

1. Existing existence of one sheet (No. 1) and one knife (No. 2) of the discontinued which has been seized;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment of judgment of the same kind);

1. Relevant Article 350(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act, the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for concurrent crimes with heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscation Article 48(1)1 of the Criminal Act