beta
(영문) 울산지방법원 2015.05.29 2015고합55

강도

Text

Defendant shall be punished by imprisonment for a term of 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

On April 4, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for fraud by using computers, etc. at the Ansan Branch of the Suwon District Court on August 30, 2012 and the judgment became final and conclusive on August 30, 2012.

On October 23, 2011, the Defendant found the victim D (the age of 49) who was seated on the roadside of the roadside-gu, Seoyang-gu, Seoyang-gu, Mayang-gu, Mayang-gu, 201. On the other hand, the Defendant was able to find out the victim D (the age of 49) who was faced with the roadside, and the victim was able to bring about the victim's neck on the back of the back of the victim, while she was trying to bring about the victim's hand, the victim was frighted, and her her face was frighted," and the victim was frighted to the victim's face when she was frighted on the top of the victim's body, after she was frightened by drinking, so that the victim could not resist the victim's face, she was frighted at the market price with three thousand won cash, credit cards, identification cards, etc.

Accordingly, the defendant took another's property by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An appraisal statement at the time of occurrence;

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of latter concurrent crimes Article 37 of the Criminal Act);

1. Article 33 of the Criminal Act applicable to the crime;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the crimes committed on the market and the crimes of fraud by use of computers, etc. for which judgment becomes final);

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Decision of sentencing does not apply to concurrent crimes under the latter part of Article 37 of the Criminal Act; 3. Determination of sentencing: Imprisonment with prison labor for a year and six months, two years of stay of execution, and the defendant, while taking the property of the victim under the influence of alcohol, shall take the property at the time of the victim’s removal.