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(영문) 서울중앙지방법원 2020.10.14 2020고합643
강도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

At around 01:30 on July 17, 2020, the Defendant discovered the victim D, who walked and walked under the influence of alcohol in front of C in Jung-gu Seoul, Jung-gu, Seoul, and followed by approximately 100 meters of the victim, and accessed the victim on the road of the F bus stops located in Jung-gu, Seoul, and forced the victim to walk down on the shoulder. When the victim set up against the victim to avoid getting off the shoulder, the victim's timber and the chest part of the chest were shakend down on the upper left by the victim so that the victim could not resist, the Defendant also recognized that there was KRW 10,000 in cash, and the Defendant also recognized that there was less than 10,000 won of the victim's cash (Evidence record 181), but it was less than 100,000 won of the victim's statement based on the cash statement of the victim (Evidence record).

(Evidence Records 110 pages). Written evidence knives containing cards, credit cards, etc. were taken by cutting off knives and knives.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (related to CCTV analysis if a suspect commits a crime);

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general criteria [Type 1] the general robbery [the scope of recommended fields and the scope of recommended sentences], the basic field of punishment (the scope of recommended fields and recommended sentences], and two to four years of imprisonment.

3. Although there was a late time to decide the sentence of sentence, there was an interview with and planned plan for a crime committed by a person who was under the influence of alcohol in the street in which the passage of people and vehicles was continuously conducted, and was given an opportunity to stay in the field including a long time.

It has been sentenced to a suspended sentence due to special robbery.

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