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(영문) 전주지방법원 2019.05.30 2019고합76
준강도
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2018, the Defendant: (a) around 21:32 on December 30, 2018, in a store located in Seojin-gu, Seojin-gu, Seoul; (b) held two fluorites equivalent to KRW 10,000 in the market value; (c) placed one fluortistististististististististististististististististististististististististist in the market value; and (d) committed assault against the victim D (e.g., 45 years of age) who is an employee of the Defendant, with a view to evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. Article 53 and subparagraph 3 of Article 55 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 [the decision of types] the general standard [the category 1] general robbery [the special person] mitigated elements: simple assault and intimidation, non-influence [the scope of recommending areas and recommendations] special mitigation areas, imprisonment for nine to three years [the scope of recommended sentences corrected by the sentencing guidelines] sentenced to imprisonment for one year and six months through three years (the lowest limit of sentencing range recommended by the sentencing guidelines is different from the minimum limit of applicable sentences under law, and thus the minimum of applicable sentences under law are inconsistent with the applicable sentences).

3. The act of the defendant in the decision of sentencing constitutes a crime of assaulting the victim to escape arrest while larcenying things and constituting a quasi-Robbery under the Criminal Act.

The criminal law is punishing quasi-Robbery crimes, such as robbery.

However, in the case of this case, the following circumstances can be considered for the defendant.

The defendant's total value of stolen goods is 22,000 won, and the degree of assault against the victim is minor.

The defendant shows that all of his crimes are recognized and seriously reflected.

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