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(영문) 수원지방법원 여주지원 2015.09.10 2015고합45
준강도등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 00:30 on March 15, 2015, the Defendant: (a) committed assault on the part of the victim D (the age of 77) who was in his/her custody and was carrying about approximately 20 km 20 km of the market value of 20,000 won on the part of the victim; (b) with a view to evading arrest of the victim who was in his/her custody, he/she obstructed the victim’s breast part of his/her chest with his/her hand; and (c) committed assault on the part of the victim, such as continuing to wear back his/her finger, and cutting off the victim who was under his/her hand with his/her hand, leading him/her to his/her finger.

2. A thief: (a) around 03:00 on May 19, 2015, at the F’s parking lot located in G, the Defendant stolen a 300,000 air jacker’s market value (300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Summary of Evidence

1. Statement of the accused in the court room and the first trial record;

1. Each police officer's statement about D and G;

1. A H statement;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as video materials of victims;

1. Relevant provisions of the Criminal Act and Articles 335 and 333 (Taking Points of Quasi-Robbery) of the Criminal Act concerning facts constituting an offense, and Article 329 (Larceny and Selection of Imprisonment) of the Criminal Act;

1. Of concurrent crimes, an aggravated punishment within the scope of the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Additional Punishment within the scope of the sum of the long-term punishments prescribed for the crime of quasi-Robbery with heavy penalty);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for one year and six months - 18 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a)be vulnerable to the crimes of quasi-Robbery (criminal type) general standards, Type 1 (General Robbery) (Special Robbery) mitigated factors, which are simple assault, threat, and aggravation to evade arrest;

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