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(영문) 창원지방법원 2014.04.29 2014고합48
강도상해
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

At around 10:45 on April 6, 2004, the Defendant took care of a large amount of cash at the window of Changwon-si, and took care of the money in order to purchase clothes of a good trademark that they come to and go with, and entered the Schlage by finding out the above Schlage's name in order to make money to purchase clothes of the above Schlage, and making it possible for them to get a customer into the Schlage, and then purchased the Chewing, and then purchased the Chewing, the Defendant called the "Calculation Sea Tax" to the victim D (50 years old), who is seated in the Kater's seat, and prepared in advance the Kabro, and then cut pipe from the shopping bag to the victim "in this case, I will see my head and let him get off the pipe once again, and the victim's attempted treatment, such as the victim's money and valuables, and then sold it to the victim's free will, but the victim's right to withdraw from the pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Identification of fingerprints of the robbery, injury, and fingerprinting the result of fingerprinting at the scene of the crime;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on appraisal commission;

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

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

1. The application of the sentencing guidelines [decision of types] in the event that the result of injury in the course of robbery results, the occurrence of the result of injury in the category 1 (special mitigation factors) (special mitigation factors) (special mitigation factors), but where the basic crime is attempted, the non-prosecution of punishment [the recommended area and the scope of recommendation punishment], the special mitigation area, 1-years and 4 years (Provided, That it cannot be punished less than 3-years and 6-months of imprisonment, which is the lowest limit of punishment in law, and thus, 3-years and 6-months of imprisonment] [general mitigation factors], and there is no history of criminal punishment.

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