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(영문) 수원지방법원 안산지원 2017.04.28 2016고합361
준강도
Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 04:20 on July 3, 2016, the Defendant discovered that he was able to be drunk from the victim E (29 years of age) who was under influence of alcohol, and that he was found out of the main money of the victim E (29 years of age) who was under influence of alcohol, and assaulted the victim's body by booming the victim's body with a view to resisting the recovery of the property that he was able to bring the loss due to the breath of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the investigation report (including the photographs No. 12, attached to the evidence list);

1. Articles 335 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).

1. The general criteria that there is no type 1 (general robbery) [the scope of recommended punishment] (the scope of recommended punishment), the basic area, two years to four years;

3. Determination of sentence: One and half years of imprisonment, and three years of suspended sentence, the crime of this case committed by the defendant in this case was committed by larceny of the victim who was divingd in the bench, and was discovered by the victim, and the crime is not committed by assaulting the victim in order to prevent the theft of the stolen wall, and the crime is not committed.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects his mistake, the fact that the damaged goods were returned to the victim, the defendant has no criminal record exceeding the fine, and the defendant is currently employed in the workplace and is living in good faith.

In addition, the defendant's age, sex, family relationship, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the sentencing guidelines shall be recommended in accordance with the sentencing guidelines.

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