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(영문) 광주지방법원 2014.09.05 2014고합306
특수강도
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

피고인은 2014. 7. 21. 13:26경 스마트폰 채팅 어플 ‘즐톡’을 통해 피해자 C(여, 24세)과 대화를 나눈 뒤 함께 만나 돈을 주고 성관계를 맺기로 약속하였다.

At around 15:00 on the same day, the Defendant found at the house of the above victim in Gwangju-dong Building 302, and 90,000 won as compensation for sex relations, and came to know that the money was not left at a time during the wind of giving the above money, and taken off the so-called knife knife (14.5 cm in total, 6 cm in length) which was used as a deadly weapon in the main machine, and took off the knife in the following part of the victim, and took off the knife in the latter part of the victim, and took off the knife knife knife knife knife h. h. h. h. h. h. h. h. n.h. n. n.h. n. n. n.h. n. n.h. n., n

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused);

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused following) ;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of sentence] 2 years and 6 months from 2 years and 15 years from 2 years to 15 years [the determination of a sentence] robbery - The elements for mitigation : [the scope of a recommendation] mitigation area / [the scope of a recommendation area] mitigation area / 2 years and 6 months from 6 years to 4 years [the general person] mitigation element - In the case of intent to take money and valuables in a minor amount: serious reflectness and no record of criminal punishment [the decision of sentence] 2 years and 6 months from 2 years and 6 months from 3 years from 15 years from 15 years from 2 years and 15 years from 2 years from 15 years from 2 years from 300 knives from knives of the criminal defendant who could have injured the victim.

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