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(영문) 의정부지방법원 2013.06.05 2013고합146
준강도
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

Around March 18:16, 2013, when the Defendant lacks the ability to distinguish things or make decisions, the Defendant entered the Handphone sales store (E) operated by the victim D (23 years of age) in Namyang-si, Namyang-si, in consultation with other customers, opened a crogate used by the Defendant using a crogate in consultation with other customers, and opened cash of KRW 570,000,000 by hand, and put the crogate out of the store, and found the fact that the Defendant was stolen after checking the Defendant’s behavior, and then discovered the fact that the Defendant was stolen. The Defendant followed the Defendant, and followed the Defendant, “A knick for the purpose of evading the arrest of the victim, which was a deadly weapon (i.e., the croke, the 80,000 square meters of the length, 800,000 won of the cash, and then discarded the Defendant’s 30 meters of cash.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D;

1. On-site Cctv video photographs;

1. Application of seizure records, list of seized articles, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 335 and 334 (2) and (1) of the Criminal Act which choose a penalty;

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

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [the types of crime] the group of robbery, general standards, types 2 (Special Robbery): the mitigated element of a person with mental disability (the person with no responsibility): the area of mitigation [the person with no responsibility for himself/herself], the area of mitigation [the area of recommendation and the scope of recommendation], the area of mitigation of imprisonment with prison labor for not less than 2 years and not more than 6 months and not more than 4 years]. The main reasons for suspension of execution is negative - the reason for general participation in the use of dangerous articles: positive - there is

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