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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고합42
강도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 24, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for interference with the execution of official duties in the Gangnam District Court Branch of the Chuncheon District Court, and completed the execution of the sentence in the lawsuit of the first intersection of the North Korean Northernbuk Island on April 29, 2017.

【Criminal facts】 The Defendant, at D Park Jong-si, located in Gangnam-si, 17:5 on June 18, 2017, hereinafter the Defendant intending to provide the victim E (68 tax) with the remaining friju bicycle who provided this alcohol.

The promise was made on the ground that the above promise did not comply with the above promise, and then the victim's body was sealed, and then the victim's body was laid down, and the gold 1,200,000 won at the market price of the victim's body was deducted, and the victim continued to divide the part of the victim's neck by hand and prevented the victim from resisting, and then deducted the above gold neck from the victim.

Accordingly, the defendant took the victim's property by force.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Each police statement made to E and F;

1. Each investigation report (AF shall be accompanied by one copy of CCTV images and one CD, a suspect A’s photographic image images and one CD), each CCTV image photograph to cover;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of a crime during the period of a repeated offense);

1. Article 333 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Period of punishment by law: Imprisonment with prison labor for one year and six months to twenty-five years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] that there is no type 1 (general robbery) (the scope of the recommended punishment] (the scope of the recommended punishment), from 2 years to 4 years (the basic area).

3. Determination of sentence: Imprisonment with prison labor for two years, the Defendant committed the instant crime without being able to do so during the repeated crime period.

On the other hand, the defendant is recognized to commit crimes and is against the law.

It does not seem that the crime of this case has been committed systematically, and it is the same crime.

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