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(영문) 수원지방법원 안양지원 2014.09.19 2014고합112
강도등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From Jun. 19, 2014, the Defendant: (a) reported that the victim E (the 23 years of age is married) gam on the road in Ansan-si around 23:40 on Jun. 19, 2014; (b) followed by assaulting the victim’s hand to take a secret number to enter the house; (c) the victim gambling the victim’s sound into the house; and (d) fambling the victim’s sound into the house; and (e) fambling the victim’s sound; and (e) fambling the victim’s back the resistance; and (e) cambling the victim’s market price of 35,000 won.

2. At around 23:45 on the same day, the Defendant attempted robbery: (a) took the shopping bags as above from the former Flaps; (b) took the victim G (the victim 30 years of age) walked; and (c) assaulted the victim following the victim, such as her own cover, leaving the victim her resistance, leaving the victim her house with his/her resistance, leaving the victim her house on the ground, thereby suppressing the victim’s resistance; (d) took the victim’s resistance against the victim; and (e) took the victim her house on the ground, he/she attempted to force the victim to her shoulder; but (e) she attempted to catch the victim’s shoulder to nearby residents.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

1. Article 33 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and Articles 342 and 333 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Robbery heavier than Robbery)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 (1) of the Criminal Act for probation and community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Application of the sentencing criteria [decision of type] Robbery, robbery, and general robbery (special robbery): Reduction element: Imprisonment with prison labor for a person who has no penalty (the scope of recommending punishment).

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