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(영문) 수원지방법원 평택지원 2018.09.07 2018고합121
강도
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On June 30, 2015, the Defendant was sentenced to two years and six months of imprisonment for robbery in the Daegu District Court Kimcheon Branch, etc., and completed the execution of the said sentence at a public prison on August 13, 2017.

[Criminal facts] The Defendant and the victim C (n, 68 years of age) are as between May 25, 2018 and E in Pyeongtaek-si D market, which came to their first knowledge.

On June 2, 2018, from around 15:00 to around 17:00, the Defendant was placed in a teahouse where the victim was living together in Pyeongtaek-si F, and the victim was suffering from 2 eggs of water surface guidance prepared in advance between the divers of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the deceased.

Since then, as the injured party lost awareness, the defendant took 1 gold 10,000 won at the market price of 2.5 million won, the injured party's left hand part of the injured party and took the property of the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss, on-site (G) photographs, water surface guiding photographs, and H pharmacy photographs after each CCTV closure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the period of repeated offense);

1. Article 333 of the Criminal Act concerning the crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific Cggravated Crimes, proviso to Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of applicable sentences under law: Three to twenty-five years of imprisonment;

2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, general standards, and the area of mitigation (two to four years from March to June) (the area of special mitigation) of the mitigated punishment is not subject to punishment;

3. Determination of sentence: Imprisonment with prison labor for three years, the defendant stolen the victim's property from the victim's potential locked;

The Defendant had the record of criminal punishment several times prior to the crime of this case.

In particular, the Defendant was sentenced to imprisonment with prison labor for not less than two years and six months due to robbery, etc. committed by a method similar to the instant crime, and the sentence is executed.

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