beta
(영문) 인천지방법원 부천지원 2013.09.13 2013고합51

준강도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2013, at around 06:05, the Defendant: (a) intruded into the “E” restaurant operated by the victim D in Seocheon-gu, Seocheon-gu C, Seocheon-gu; (b) 3,500 won in cash, which is the ownership of the victim; (c) putting one wall into his own clothes, and tried to open another credit cooperative into the drat (Evidence 4) by cutting off the victim’s arms, which the Defendant was able to escape arrest; and (d) assaulted the victim by putting the body of the victim who was flating the Defendant’s flat with his flat with his flat with his flat with his flat with his flat with his flat in order to escape arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Evidentiary materials, such as records of seizure, list of seizure, site, and seized articles;

1. Application of the existing Acts and subordinate statutes under subparagraph 4 of this Article;

1. Relevant provisions of the Criminal Act and Articles 335, 334 (1), and 333 of the Criminal Act concerning the choice of punishment;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

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

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), robbery, Type 2 (Special Robbery) (Special Robbery): Reduction elements of punishment among general standards: simple assault, threat, and threat (decision on the recommended sphere and the scope of recommended sentences), non-compliance with punishment (decision on the recommended sphere and the scope of recommended sentences), special mitigation sphere of punishment, one year and three months or four years of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for two years and six months, and three years under a suspended execution, the defendant stolen the property by intrusion upon the victim's residence at night, and assaulted the victim to evade arrest as he was discovered, and the nature of the crime is poor, and the victim of the quasi-Robbery seems to have suffered a considerable mental shock;