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(영문) 대구지방법원 의성지원 2012.05.22 2012고합11
준강도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 27, 2009, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court’s Tongwon District, and the execution of the sentence was terminated on April 23, 201. On October 11, 2011, the Defendant was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Ulsan District Court, and the said judgment became final and conclusive on October 19, 201.

On June 4, 2011, at around 17:15, the Defendant invadedd the victim D(23 years of age) house located in Daegu Seo-gu, Seo-gu, with a view to evading the arrest of the victim, the Defendant assaulted the victim's face at one time as a drinking, with a view to evading the arrest of the victim, by taking out KRW 100,000 in cash belonging to the victim from the wall in the shopping bags located in a small room.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (Attachment of photographs of articles left);

1. Whether the case related to the DNA compliance persons is dealt with, direction for investigation of the unclaimed case, and direction for site appointment;

1. Previous records: Application of criminal records, investigation reports (reports attached to the same judgment) and other Acts and subordinate statutes;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated crimes (limited to a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which has become final and conclusive for one year and

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (limited to the crimes of thief in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which

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

1. Imprisonment with prison labor for a period of one year and six months to twenty-five years;

2. Application of the sentencing guidelines [Determination of types] : simple assault [the scope of recommendation] mitigation area, one year and six months to three years [the person under general supervision] among robbery crime groups in order to evade the arrest of category 1 (General Robbery) (Special Robbery) among robbery crime groups.

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