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(영문) 서울중앙지방법원 2016.11.25 2016고합1072
강도
Text

A defendant shall be punished by imprisonment for not less than 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

On June 1, 2016, around 10:15, the Defendant’s statement in the victim D70-year-old indictment in Jongno-gu Seoul Jongno-gu Seoul is obvious that the “60-year-old indictment” is a clerical error, and such correction is made accordingly.

Inasmuch as a tree stringer prepared in advance by wearing clothes, hats, etc. on E- precious metal shop, failed to resist the part of the victim's clean and the part of the shoulder, etc. in several times, and then a 14K gold string, which is 10 million won at the market price on the display stand, she voluntarily withdrawn from the bar. However, the victim failed to commit an attempted act by putting the Defendant a hand and a shot light, and shot light on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and data concerning CCTV images recorded in the course of committing a crime by a defendant;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Articles 342 and 333 of the Criminal Act applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. With respect to the crime of attempted robbery for the reason of sentencing under Article 48(1)1 of the Criminal Act, no sentencing criteria are set.

1. The scope of punishment by sentence: Imprisonment for one year and six months; - 15 years;

2. Determination of sentence: One year and six months of the suspension of execution (unfavorable circumstances) in one year and six months of imprisonment, the defendant tried to forcibly exploit high-priced precious metals in precious metal shop;

The Defendant prepared and possessed the criminal tools, such as clothes, tree booms, etc., in advance.

[Modern circumstances] The robbery was attempted, and there was no actual damage to property.

The defendant has no criminal records of the same kind of punishment or heavier punishment than suspended execution, except for several times of fine.

The defendant agreed with the victim smoothly, and the victim does not want the punishment of the defendant.

The defendant repents his wrongs and reflects his wrongs.

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