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(영문) 제주지방법원 2013.05.23 2013고합56
준강도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:45 on December 21, 2012, the Defendant: (a) discovered 220,000 won of the market price owned by the victim D, parked in the vicinity of the gas station C, leading the victim, stolen the property owned by the victim; and (b) determined that the victim, who discovered the Defendant, driven the Defendant, “I am going to know why I am going to know,” and that the victim, who caused the above son, was “I am to know why I am to know,?” with the aim of avoiding the recovery of property and evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report, the application of relevant photographic Acts and subordinate statutes;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Application of the sentencing guidelines [Determination of types] Robbery crimes, general standards, Type 1 (General Robberys): Simple assault and intimidation to escape arrest, non-compliance with punishment [Scope of recommending punishment] 9 months to 3 years [limited to two special mitigations in the area of mitigation (one year to June 3), the minimum sentence shall be mitigated to 1/2] [the minimum sentence] mitigated element: Minor assault and intimidation, life-type crimes, and mental and physical disability-disadvantaged (the person in question is responsible): A larceny sentence which does not constitute a repeated offense (the person in question is less than 10 years after the completion of its execution];

3. Whether or not a stay of execution (major reasons for a stay of execution): A positive factor: simple assault and intimidation (general reasons for a suspension of execution) to avoid punishment and to escape arrest: at least twice.

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