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(영문) 수원지방법원 성남지원 2017.05.18 2017고합22

특수강도

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Seized Mack (Evidence No. 1), Gac (Evidence No. 2), and stock farms (Evidence. 1).

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the Suwon District Court’s Pyeongtaek District Court on December 18, 2014, and completed the execution of the sentence on May 18, 2015.

On January 14, 2017, the Defendant found the victim D (Woo, 24 years old) whose password was accumulated on the front door of 601-1-2 1-2 Ra of the above apartment, who was able to take off another's property in the vicinity of the Seoul apartment district, with a weapon of 22 centimeters (13cm on the day) in the length of 14.03:01, the Defendant carried with him/her, with a weapon of 22 centimeters (13cm on the day) in order to forcibly take off another's property in the vicinity of the Sung-gu Seoul apartment district, Sungnam-gu, Sungnam-si, the Defendant: (a) found the victim D (Woo, 24 centimeters) who was taking a password from the victim's seat; (b) reduced the victim's 100,000 won in total, 100,000 won in the market price of 20,000 won in the front door bank, 10,000 won in the market price of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (the objects used by the person under investigation for committing the crime);

1. A copy of a damaged photograph, a crime scene, a video CD;

1. Previous convictions: Application of written inquiries about criminal history, investigation reports (reports on previous convictions and results of investigation)-related statutes;

1. Relevant Article 334 of the Criminal Act, Articles 334(2), 334(1), and 333 of the Criminal Act, and choice of imprisonment with prison labor for a limited term;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Two years and six months to twenty-five years of imprisonment with prison labor within the applicable range of punishment by law;

2. The sentencing criteria shall be recommended;