beta
(영문) 광주지방법원 목포지원 2014.04.10 2014고합13

절도등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 22:00 on February 12, 2014, the Defendant: (a) entered the underground parking lot of the “Drina” nearby the construction site of the Grina apartment complex near the “Drina” apartment site; and (b) cut off with a net value owned by the victim’s name and non-fluence, and theft (tentatively referred to as “fluor”).

2. At around 01:20 on February 13, 2014, 201, the quasi-Robbery Defendant: (a) committed assault twice by breaking the victim’s left side jum jum jum son, which the victim G parked on the following side of the “F building E”, as described in the foregoing paragraph 1., when the victim’s Hambter Ham Zter, she francing the first glass window, and then then francing the victim’s 14,700 won at the market price of the victim’s possession, which is placed on the Ham ju; (b) on the 25th passenger bus parked after the Poter cargo, she diveded the victim’s jum jum with the victim’s loss in order to escape the victim’s arrest.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Photographs and field photographs of seized articles, and theft site photographs;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Article 329 of the Criminal Act and Articles 335 and 333 of the Criminal Act concerning criminal facts, the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

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 (Discretionary Reasons for Discretionary Mitigation);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to eighteen years;

2. Application of the sentencing criteria;

(a) Basic crime: Quasi-Robbery (determination of type) and general criteria for robbery;