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(영문) 제주지방법원 2014.04.24 2014고합4
준특수강도
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Criminal facts

On April 22, 2011, the Defendant was sentenced by the Jeju District Court for two years and six months of imprisonment for the crime of larceny at night, and on August 8, 2013, the Defendant completed the enforcement of the sentence in the Jeju Correctional Institution.

At around 02:40 on December 24, 2013, the Defendant: (a) opened a beer window and intruded with the victim D(63 years of age) located in the building C at Jeju, 102 Dong 105, and then cut off one cash bag owned by the said victim, which was located in the small beer in the beer, and cut off the said victim’s cash bag; (b) opened a door door and opened a door door, and opened the door door to the above victim E (n, 56 years of age) with the victim E (n, she) who was his/her wife, she put him/her in front of his/her house, was able to escape arrest; and (c) assaulted the victim E with his/her hand by knobling his/her son.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Records of seizure, list of seizure, report on investigation and report on internal investigation;

1. Seized articles, photographs of the damaged parts, photographs of the damaged parts;

1. Previous records: Criminal history records, investigation reports (verification of the date of release and attachment of the relevant written judgment), previous records, and application of Acts and subordinate statutes reporting results;

1. Relevant Articles of the Act on the Punishment of Criminal Crimes and Articles 335 and 334(1) [General Provisions (see, e.g., Supreme Court Decision 66Do1392, Dec. 6, 196)]

2. The proviso to Article 35 and the proviso to Article 42 of the Heavy Criminal Act;

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation and Mitigation Criminal Act (hereinafter referred to as the following grounds for sentencing),

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-five years; and

2. Special robbery (type 2) mitigation factors (type 2) (special robbery) mitigation factors), simple assault and threat [decision on the recommended sphere] mitigation area to escape arrest [Scope of recommendation range] mitigation factors of imprisonment between 2 and 6 months (general person in prison) and 4 years (general person in prison) mitigation factors of life style - life mitigation factors;

3. Determination of sentence: Imprisonment and this case in the period of three years and six months; and

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