(영문) 창원지방법원 진주지원 2014.10.02 2014고합97

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(영문) 창원지방법원 진주지원 2014.10.02 2014고합97

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:25 on August 17, 2014, the Defendant saw that, while her house in Jinju-si, in accordance with the victim D (n, 67 years of age), the Defendant she was gling at the alleyway, the victim she was able to see the victim's snicking, and she was able to see the victim's 15 billion won at the market price, which is 3 million won at the time of suffering from the victim's item, while she went through the victim, she was fleeped with the victim's hand, she was fleeped with the victim, and she was fleeped with the victim's shouldering with the victim's hand, she was fleeped with the victim's shouldering with the victim's hand that the victim tried to come together, and she took the victim's resistance by taking the victim's wall back.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types), robbery, general standards, and types 1 (General Robbery) (Special Robbery): Reduction elements: Imprisonment with prison labor for a year and six months to three years;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of two years under the suspended execution is deemed to have been committed by the defendant by force on the goods of the victim, and the victim has not suffered mental or physical pain, there is a need for strict punishment of the defendant.

However, the defendant led to the confession of the crime of this case and reflects his depth, and agreed with the victim.

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