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(영문) 부산지방법원 동부지원 2015.12.04 2015고합67
준강도등
Text

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

A knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On June 26, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for night building intrusion and larceny in the Dong branch of the Busan District Court, which was sentenced to two years of suspension of execution on July 4, 2014, and the said judgment became final and conclusive and is still under suspension of execution.

[2015Gohap67]

1. On April 25, 2015, at around 19:20 on April 25, 2015, the Defendant: (a) was aware of the Victim D from the garden cultivated by the victim D in Busan Metropolitan City Shipping Daegu; (b) was satisfed by the victim for the purpose of evading arrest; and (c) was satisfing the victim’s knife blade (5cm in length); and (d) committed assault by cutting the victim’s batf.

[2015Gohap74]

2. A thief is one of the canns, cans, and cans, the market price of which is equivalent to KRW 40,000,00,000, owned by the victim G, which is covered by the tent in the F1st floor parking lot located in Busan, Daegu, Daegu, Busan, on June 16, 2015.

Two gamblings (19) were loaded on bicycles and stolen them.

Summary of Evidence

[2015Gohap67]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report and photograph of the investigation, damage photographs, and investigation report;

1. Previous records of judgment: A statement of criminal records, investigation reports (report attached to judgments), one copy of judgment (2015Gohap74);

1. Defendant's legal statement;

1. Application of the G’s written 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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than eighteen years;

2. Application of the sentencing criteria;

(a) quasi-Robbery crimes (determination of type), robbery crimes, general robbery (type 1) / imprisonment with prison labor for not less than two years but not more than four years (basic area).

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