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(영문) 수원지방법원 2013.11.22 2010고합483
준강도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

At around 04:30 on Nov. 4, 2009, the Defendant: (a) discovered the victim D (the age of 31) in a state that the Defendant lacks the ability to discern things or make decisions due to intellectual disorder (Grade III) on the front road of the Suwon-gu Suwon apartment, Suwon-gu, Suwon-gu; (b) laid down the victim's 200,000,000,000,000,000,000 won in cash that the victim was shouldered on the shoulder; and (c) assaulted the victim by cutting down the victim's kne part of the victim's kne on one occasion with a view to resisting the victim's escape.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Application of the police statement law to D;

1. Article 33 of the Criminal Act and Articles 335 and 333 of the Criminal Act concerning the applicable criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The scope of punishment: Imprisonment for not less than nine months but not more than three years and not more than nine months;

2. Application of the sentencing guidelines [type of crime] group of robbery, general standards, type 1 (general robbery): - simple assault and intimidation to evade arrest, mental or physical disability (non-liability of the person in question) - Aggravation factors: None of [Scope of recommending punishment] mitigation area, reduction area of imprisonment with prison labor for not less than nine months, but not more than one year and six months (in cases where not less than two special mitigation persons exist, the minimum of the sentencing range recommended in the sentencing guidelines shall be mitigated to 1/2);

3. The crime of this case in which the sentence of sentence was rendered was committed under the unfavorable circumstances, such as the fact that the case was committed with a view to theft of another person's property and resisting the recovery thereof, and that the defendant led to a confession and repenting, and that the degree of assault is relatively minor and the damaged goods were recovered.

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