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(영문) 서울남부지방법원 2016.03.17 2015고합197
강도
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

Victim C (E) is a person operating a lodging establishment in Yeongdeungpo-gu Seoul Metropolitan Government D, and the Defendant was accommodated in a lodging establishment operated by the victimized person.

At around 20:00 on May 1, 2015, the Defendant: (a) received a request from the injured (E) to pay the smuggling, and (b) took the 60,000 won of cash (the KRW 50,000,000, KRW 10,000, KRW 100,000, KRW 10,000), and (c) took care of the victim’s desire to “Crack the inside by the day,” and (d) followed the victim who entered his own room, by plucking and plucking the victim’s resistance, and plucked the victim’s hand, and took care of the victim’s 60,00 won of cash (the KRW 50,00, KRW 10,00, KRW 10,0

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Article 333 of the Criminal Act concerning 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 punishment: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Class 1 (General Robbery) mitigated factors: Imprisonment with prison labor for not less than one year and six months and not more than three years in the area of reduction [the area of recommendation] of punishment in the area of reduction of punishment [the scope of recommendation].

3. Determination of sentence: The defendant, for a period of one year and six months of suspension of execution, is against his/her own crime, and the degree of exercise of force against the victim is not much severe, and the victim does not want to be punished.

The above circumstances, the Defendant’s age, sex, environment, motive and background of the crime, and the circumstances after the crime are considered, and the punishment is determined as per the disposition.

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