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(영문) 창원지방법원 2019.07.18 2019고합92
특수강도
Text

A defendant shall be punished by imprisonment for three years.

excessive 1 per cent (No. 1) of seized ruptures shall be confiscated.

Reasons

Punishment of the crime

At around 1:00 on April 30, 2019, when the Defendant was hospitalized in the hospital due to alcohol dependence, etc., the Defendant reported the victim C (the 30 years of age) who was sitting at the bus stops at Kimhae-si, Kimhae-si, and received the money and valuables of the victim. On the same day, the Defendant purchased the knife and 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 knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the discovery of criminal behavior tools and suspect's summary bars, blood traces of oil and photographs of the suspect's body parts);

1. Article 334 (2) and (1) of the Criminal Act and Articles 334 (1) and 333 of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standard [Type 2] the special robbery [the scope of recommended fields and the scope of recommended sentences], the basic area of punishment, three to six years of imprisonment.

3. The crime of this case by which the sentence of sentence is to be pronounced is highly likely to be committed by taking property by threatening the victim, and the nature and circumstances of the crime are to be committed.

The victim appears to have suffered a big mental impulse due to the crime of this case, and the defendant was unable to recover from damage at all.

After committing the instant crime, the Defendant attempted to destroy evidence.

In light of such circumstances, etc.

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