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(영문) 서울남부지방법원 2016.04.14 2015고합566

강도치상

Text

Defendant

A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years and six months.

except that this judgment.

Reasons

Punishment of the crime

The Defendants conspired to attract victimized women as if they were to remain on the condition by using smartphone display, and to force money and valuables.

The Defendants wish to remain at the E parking lot located in Guro-gu Seoul Metropolitan Government D on December 5, 2015 only through the "Ethalphone flance", at around 03:22, 2015.

The victim F (n, 20 years old) was the victim F.

Defendant

A A was driving the victim at a speed of 70 to 80 km per hour at the time when the victim is aboard at the head of G A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn, and the defendant B was hiding on the back seat of the above vehicle, asked

At this time, Defendant A was punished by the victim “I am, I am, and I am.”

C. It is not easy to make a tax base, if it is within the tax base.

After suppressing the victim's resistance, the victim 8,50,000 won of the market value cited by the victim was deducted from e.g. g. Samsung 5,000 won.

Accordingly, the Defendants jointly taken the victim's property by force.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law of the police statement protocol to F;

1. Article 334(2) and (1) of the Criminal Act; Articles 334(2) and (1) of the Criminal Act; Articles 334(1) and 334 of the Criminal Act

1. Defendants to be mitigated of small amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants subject to suspended execution: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for sentencing”)

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. Class 2 (Special Robbery) mitigated factors: Imprisonment with prison labor for a period of not less than 2 years and 6 months and not more than 4 years in the area of reduction [the scope of recommendation area] of punishment in the area of reduction of punishment [the scope of recommendation area].

2. The crime of this case, which is determined to be sentenced, is committed after attracting a female victim to leave the car, and the method of committing the crime is very bad.

The victim is likely to put the victim into the sea.