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(영문) 부산지방법원 2014.10.31 2013고합934
강도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 03:20 on April 18, 2013, the Defendant: (a) 18, 03:20 on the road of “D” located in the Seo-gu, Busan (hereinafter “D”); and (b) on the ground that the Defendant rejected the victim’s refusal, and (c) followed the victim, the Defendant: (a) 10,000 won of the market price of the victim’s shoulder; (b) 120,000 won of the cash; (c) 180,000 won of the market price of the victim’s shoulder; and (d) 2.50,000 won of the market price at which the resident registration certificate is located; (d) she did not set the victim’s back a handbath; (d) she did not resist the victim’s left side at one time; and (d) she did not resist the victim; and (d) took the Handbag from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Determination of the scope of recommendations: Robbery crimes: General criteria. Type 1 (General Robbery) - mitigated factors: Punishment not to be imposed - mitigated factors - mitigated factors: Minor assault, intimidation, and serious reflective recommendations: Imprisonment with prison labor for a period of between six months and three years;

3. Reasons for major reference to suspended sentence - positive reasons for a failure to punish him/her (including a serious effort to recover damage) - positive reasons: There is no serious reflectivity, or no criminal record of suspended sentence or heavier.

4. Determination of sentence: The crime of this case committed for a period of two years under a suspended sentence of one year and six months; the defendant took the handbags of the victim, i.e., a victim, who was frightd in the body of the victim, who was frightd in the body of the defendant; the crime of this case was sentenced three times to a fine by assault, etc. in light of the circumstances and contents of the crime;

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