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(영문) 창원지방법원 마산지원 2014.11.19 2014고합105
강도등
Text

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

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

Reasons

Criminal facts

1. A thief: (a) around 04:00 on January 30, 2014, the Defendant stolen a “D” club located in Seongdong-gu, Sungwon-si, Sungwon-si, with a cresh in which the victim E dance and surveillance was neglected; (b) one thie, one driver’s license, one 1, one thief card, one thief card, one 1, students’ check, one thief card, one 1, and one thief card, one 1,000 won (10,000 won), one 20,000 won (1,000 won) of the market value, which includes the victim E’s the victim’s table, and one stief in cash 19,00 won.

2. Around 05:00 on January 30, 2014, the Defendant: (a) took the part of the victim’s resistance in front of the GJ (n, 20 years old); (b) took part of the victim’s H (n, 20 years old) following the victim’s back, and her left hand hacks the victim’s resistance; and (c) took part of the victim’s hacks the victim’s resistance by using the victim’s hacking the victim’s hacks; and (d) took part of the victim’s hacks the victim’s hacks amounting to KRW 30,000 at the market price, the victim’s hacks the victim’s hacks, one resident registration certificate, one copy of the Agricultural Bank’s physical card, one student card, one copy of the student card, and one hacket, etc., at the market price of 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to reports on internal investigation and investigation reports (Attachment of photographs of seized articles);

1. Relevant provisions of the Criminal Act and Articles 333 and 329 of the Criminal Act that apply to criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishment for a crime of robbery heavier than the punishment)

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under Acts: From one year and six months to one year; and

2. Application of the sentencing criteria: One year and six months to three years.

(a) Class 1 (Robbery);

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