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(영문) 부산지방법원 동부지원 2013.10.04 2013고합152
강도상해
Text

A defendant shall be punished by imprisonment for two years.

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 July 6, 2013, around 01:10, the Defendant discovered the victim C (the 29 years of age) in the vicinity of the Egypt in Busan Metropolitan City, the Defendant followed up to the 103 front parking lots of the 103-dong Busan Metropolitan City Maritime Affairs D apartment, and caused the victim to be unable to resist, and caused the victim to be able to be able to keep the victim out of the dial hand by using the dial gap, and 4m to 5m from 4m to 5m to knife the knife of the knife from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of the accused;

1. Application of the police protocol law to C

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable reasons among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of punishment by law] 1 year and 6 months of imprisonment - 15 years of imprisonment / 15 years of robbery group, general standards, type 1 [special prison] mitigation element: Punishment not [the general prison reduction element]: Life penalty, serious reflectivity, and no record of criminal punishment [the scope of recommendation] - 1 year and 6 months of imprisonment [the scope of punishment] - 3 years of imprisonment [the decision of sentence] 2 years of imprisonment with prison labor ] 2 years of imprisonment with prison labor, and 3 years of suspended sentence : Defendant, in advance and tracked a considerable distance from female victim at night, and committed robbery of this case.

In light of the nature of the act of the instant crime, the Defendant’s liability is not somewhat weak.

However, during this period, the Defendant committed the instant crime with thirst, and used or carried a deadly weapon in the instant crime, and the victim did not want the punishment by endeavoring to recover damage. There is no record of criminal punishment by the Defendant, and the Defendant did not have any record of criminal punishment.

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