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(영문) 제주지방법원 2016.11.24 2016고합96
특수강도
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 08:28 on May 2016, under the state that he or she lacks the ability to discern things or make decisions due to the on-site division, took the victim’s resistance by threatening the victim’s knife knife knife (17 cm in the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Seizure records;

1. A report on investigation (21 pages of investigation records);

1. A report on investigation (48 pages of investigation records) and accompanying materials;

1. Application of Acts and subordinate statutes to photographs, such as site and criminal implements;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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 law: Imprisonment with prison labor for two years and six months to 15 years;

2. Scope of the recommended sentence on the sentencing criteria [decision of type] general criteria for the robbery group: Type 2 (Special Robbery) (Special Robbery): Victims vulnerable to the crime - mitigated factors: The victim who is vulnerable to the crime: mental and physical disability, the area of mitigation of punishment [the scope of the recommended area and the sentence of recommendation], the area of mitigation of punishment (the scope of the recommended area and the sentence of punishment], and two years or more;

3. Determination of sentence: A two and half years of imprisonment, and four years of suspended execution, the Defendant committed a crime of forcibly taking cell phone by threatening an unrelated victim by threatening a knife solely on the ground that the Defendant did not visit aircraft noise at an adjacent airport in his/her place of residence and want to wear a house.

The defendant has prepared a knife prior to the crime of this case.

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