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(영문) 청주지방법원 제천지원 2014.12.12 2014고합49
특수강도
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Investigation report (F statement verification of witnesses);

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Articles 334 (2) and (1), and 333 of the Criminal Act: Defendants who choose the applicable laws and punishment for the crimes: Articles 334 (2) and (1), and 33 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of probation and community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Two years and six months to four years from the date of imprisonment with prison labor for the area of reduction [the scope of recommending area] of punishment for types 2 (Special Mitigation Persons) (Special Robbery Persons) and the area of reduction of punishment [the scope of recommending area] under the sentencing criteria, the scope of recommendation [the scope of punishment] under the general criteria for robbery.

3. The decision of sentencing [the person who has been sentenced to sentencing] is divided by the defendants in relation to their own crimes, the victim does not want the punishment of the defendants, the defendant Eul is the first offender, and the defendant A does not have any criminal record or any criminal record of the same kind of criminal record or of the suspended execution, and the social relation between the defendants is clear [the person who has been sentenced to sentencing] of the crime of this case where the defendants assaulted the victims under the influence of alcohol and forcibly taken property, and the nature of the crime is bad in light of the method and form of the crime. [In conclusion] above, each sentencing factor is determined within the scope of the sentence of sentencing recommended in accordance with the sentencing guidelines, comprehensively taking into account various sentencing factors mentioned in the arguments of this case, such as the defendants' age, character and behavior, environment, method and form of the crime, the motive and background leading to the crime, circumstances before and after the crime, degree of participation in the crime

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