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(영문) 부산지방법원 2019.07.26 2019고합125
준강도등
Text

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

Reasons

Criminal facts

[2019Gohap125] Around 09:50 on August 6, 2018, the Defendant committed an assault, such as cutting the victim’s left arms, cutting down the victim’s arms, and cutting down the victim’s hand by hand, for the purpose of evading arrest of the victim, who had a cash of 200,000 won owned by the victim who was inside and outside of the Dong-gu Busan, Busan.

[2019Gohap153] On February 17, 2019, the Defendant discovered that the door of the Gpoter freight vehicle parked in the E-way located in Busan Jin-gu, Busan, was not corrected. On February 17, 2019, the Defendant carried 20 pieces of tobacco 20,000 won in total of market prices and 100,000 won in the market price, which is owned by the victim.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

[2019Gohap125]

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on the results of field identification;

1. All on-site photographs and photographs of damaged parts of violence;

1. CCTV image data closure photographs (2019, 153);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each protocol of seizure and the list of seizure;

1. Application of crimes photographs and CCTV Acts and subordinate statutes;

1. Relevant Articles 335 and 333 of the Criminal Act, and Article 329 of the Criminal Act, which provide applicable legal provisions concerning facts constituting a crime, and Articles 335 and 333 of the Criminal Act, which choose a penalty;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed for the crime of quasi-Robbery heavier than the punishment and the aforesaid two crimes), among concurrent crimes;

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. The scope of punishment by law: Imprisonment for one year and six months to eighteen years;

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

A. Quasi-Robbery [Determination of Punishment] Robbery (Type 1] General Criteria / General Robbery (Special Robbery) mitigated element: Arrest.

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