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(영문) 전주지방법원 2014.07.17 2014고합74
강도
Text

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

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

Reasons

Punishment of the crime

On March 28, 2014, at around 05:15, the Defendant: (a) collected and set up a shoulder-proof brick that was prepared in order to prevent the victim F, who was mixed in the Kabter, from resisting it; and (b) took the Defendant 1,000 won of the market value of 10,000 won of the market value, which is 23,000 won in cash owned by the victim, while sounding the Kabter at a convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (related to the closure of a CCTV photograph at the site) and investigation reports (related to the attachment of brick photographs used for committing the crime)-related Acts and subordinate statutes;

1. Article 33 of the Criminal Act applicable to the crime;

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. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances among the reasons for sentencing)

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

2. Scope of recommended sentences according to the sentencing guidelines (decision of type), group of robbery, general standards, and type 1 (general robbery): No mitigated factors: Reduction area of punishment (Scope of recommending punishment): Imprisonment with prison labor for a year and June to 3 years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case committed by the defendant for a period of two years under a suspended sentence shall be a string of the convenience store and the taking of the following property by threatening the victim, and the quality of the crime shall not be minor;

However, taking into account the following circumstances: (a) the Defendant’s mistake is divided and reflected; (b) the victim does not want the punishment of the Defendant; (c) the amount taken by the Defendant is relatively minor; (d) the Defendant has no record of criminal punishment; (b) the Defendant is a mentally disabled person; (c) his father and his punishment are actively taking the edification of the Defendant; and (d) all the sentencing conditions and the circumstances prescribed in Article 51 of the Criminal Act are considered.

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