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(영문) 광주지방법원 2014.06.25 2014고합202
강도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. On April 11, 2014, the Defendant attempted special larceny: (a) up to 04:40 Gwangju Dong-gu “E” page of the victim D’s operation in the Dong-gu Seoul-dong-gu, the entrance was sealed and intruded into the door to cut off and cut off the precious metal, and then attempted to cut off the door, but the entrance’s glass was not broken.

2. On April 17, 2014, the Defendant: (a) entered the Hastro in the operation of the Victim G (Woo, 60 years old) located in the North North-gu, Gwangju, Gwangju, by hand, brought the victim’s neck in his/her hand; (b) strokeed the victim’s resistance, strokeed the victim’s stroke; and (c) strokeed the victim’s resistance; and (d) strokeed the victim’s resistance, one of the net gold b millions at the market price of KRW 2 million, which was suffering from the victim’s disease

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer in relation to G, which is written in conformity with such statement;

1. Any statement prepared by D, which is appropriate for such statement;

1. A description of an investigation report prepared by the assistant judicial police officer, which conforms to the investigation report;

1. Application of image-related Acts and subordinate statutes suitable therefor among photographs;

1. Articles 342 and 331(1) of the Criminal Act applicable to the relevant criminal facts and Article 333 of the Criminal Act;

1. Mitigation of attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted crimes and attempted special larceny)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggregate of the long-term punishments of the crimes of robbery which are heavier than the punishment] among concurrent crimes;

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 suspended execution (including the absence of criminal history, the agreement with the robbery victim, the repayment of the damage amount, etc.);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of punishment: Imprisonment with prison labor for a year and six months from one year to six months;

2. The types of recommendations according to the sentencing criteria.

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