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(영문) 의정부지방법원 2015.07.16 2015고합146
강도
Text

A defendant shall be punished by imprisonment for three years.

Two copies (No. 1) and one copy (No. 2) in Chinese currency (No. 1).

Reasons

Punishment of the crime

[Criminal Power] On March 23, 1990, the Defendant was sentenced to 25 years of imprisonment with prison labor at Seoul High Court for murder, etc., and completed the execution of the sentence on November 2, 2014.

【Criminal Facts】

At around 20:10 on May 23, 2015, the Defendant discovered the victim C (at the age of 55) who walked the above road on the Hanyang-ri bicycle track located under the Hanyang-ri 22-1, both sides of the two weeks, and followed the victim with approximately 1km of the victim’s handbag to have a seed deducted. At the bicycle track near the 14-2, the two sides of the two weeks, both sides, the Defendant walked the victim with the word “the Taman-dog,” and accessed the victim “ anywhere necessary.” The Defendant got the victim informed of the way to the victim. The Defendant got off the victim’s body by taking over the victim’s body, and then prevented the victim from resisting the victim, and then deducted the victim from the victim by taking off the victim’s her handbag from the victim’s cash 40,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site identification reports, reports on results of investigation, and investigation reports (investigation of seized articles);

1. Two copies (No. 1) of seized original notes and one copy (No. 2) of Chinese currency (No. 1)

1. Records of the site and identification photographs;

1. Previous convictions: Application of the Act and subordinate statutes concerning criminal records and investigation reports (verification of the date of release of a suspect);

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

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

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. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. Application of the sentencing criteria [the range of recommending punishment] general standards for strengths: Type 1 (General Robbery) basic area (3 to 6 years): The upper limit of the sentencing range is the repeated crime under the Act on Special Cases Concerning the Punishment of Specific violent Crimes.

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