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(영문) 의정부지방법원 2016.08.31 2016고합149 (1)
강도상해등
Text

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

Reasons

In light of the contents, frequency, means, and methods of the crime, etc. of robbery, the crime was highly serious in light of the nature of the crime, and the degree of injury the victim I suffered due to the crime of robbery in this case, according to the prosecutor's statement protocol against the victim I, etc., the above victim suffered bodily injury to the extent that the crime of robbery in this case was committed by the husband of the victim I, and the above victim's husband and her children were also suffering from considerable mental pain due to the crime of robbery in this case.

The fact that it is not easy to do so is disadvantageous to the defendant.

However, although all of the crimes of this case are recognized by the Defendant and the mistake of the Defendant was divided, and the mental and physical weakness was not reached, it appears that the Defendant committed the crime under the influence of alcohol at the time of each of the crimes of this case, and each of the crimes of larceny at night by the Defendant was committed an attempted crime, and the Defendant did not want the punishment of the Defendant by agreement with the victim of the robbery, and the fact that the Defendant was the first offender who did not have a criminal record is favorable to the Defendant.

The motive of the crime including the above circumstances, the method and consequence of the crime, various conditions of sentencing, such as circumstances after the crime, the age and environment of the defendant, and robbery of the scope of the recommended punishment by the Supreme Court according to the sentencing guidelines of the Supreme Court: In the event of the result of injury, robbery, the mitigated area (special mitigation person: nonwon of punishment), three years and six years (the lower limit of the recommended punishment by the lower limit of the punishment), and four years * since the robbery for which the sentencing guidelines set forth in the sentencing guidelines are not set, the lower limit of the recommended punishment amount is set at the lower limit of the crime for which the sentencing guidelines are set. The sentence is set at the order after comprehensive consideration.

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