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(영문) 광주지방법원 순천지원 2019.08.22 2019고합73
특수강도미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

On October 22, 2015, the Defendant had been sentenced to imprisonment with prison labor for larceny, etc. in the Gwangju District Court's Seoul District Court's interest support on October 22, 2015, and completed the execution of his/her sentence in his/her prison on December 20, 2016.

Punishment of the crime

On April 30, 2019, at around 23:08, the Defendant: (a) removed and intruded a crime prevention window attached to a small room from a hand; (b) as if the face of the victim divingd in a living room so as to be knife the victim’s knife; and (c) made the victim’s intimidation “insome,” by threatening “insome, tax base return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return return.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to investigation reports (verification of CCTV images) and to photograph the CCTV images;

1. Relevant laws concerning facts constituting an offense and Articles 342, 334 (1), and 333 of the Criminal Act that choose a penalty;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) [Type 2] special robbery [Special Robbery] - mitigated factors: Reduction area of punishment (the area of recommendation and recommendation range] mitigation area, imprisonment with prison labor for 2 years and 6 months through 4 years;

3. Circumstances disadvantageous to the decision of sentence: Defendant committed the instant crime again during the period of repeated crime without correcting character and behavior despite his/her past record of punishment for multiple crimes.

Since the victim was old, it seems that the victim was significantly shocked at the time of the instant case.

The favorable circumstances: The defendant shows the appearance that the defendant is able to repent with the crime late.

The mother of a defendant shall be repeated as a sound member of the society, such as an agreement with the victim.

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