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(영문) 대구지방법원 서부지원 2019.09.05 2019고합105
준강도
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has undergone a diagnosis of stimulative disorder and has weak ability or decision to discern things.

On April 2, 2019, at around 19:50, the Defendant: (a) stolen one bicycle at a low level of 500,000 won at the market price owned by the victim D, which was not corrected in the entrance of the first floor of the cafeteria in Daegu-gu, Daegu-gu, Seoul-gu, and used the victim’s ebbbbage with double hand for the purpose of evading arrest of the victim who had escaped at the site and had confirmed CCTV, and subsequently had the victim escaped, and assaulted the victim’s face twice by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph by cutting a CCTV image;

1. Application of Acts and subordinate statutes, such as a written confirmation of hospitalization, a medical opinion, and a medical certificate;

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

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

1. Article 62 (1) of the Criminal Act (Considering the following favorable sentencing grounds):

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the category 1] general standard [the person in special form] general robbery [the scope of the recommendation area and the scope of the recommended punishment]: simple assault and intimidation to escape arrest, mental or physical disability (no person in the principal's responsibility] [the scope of the recommendation area and the scope of the recommended punishment] special mitigation area, nine months to three years (the scope of the recommended punishment corrected by the applicable punishment] sentenced to one year and six months from six months to three years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to cases where the lowest limit of the sentencing range of the recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment).

3. The crime of this case, which was sentenced to sentence, committed by the Defendant, after theft of the victim’s bicycle, was committed by the victim, and was committed by assaulting the victim.

The defendant was unable to receive the written suspicion from the victim.

This is disadvantageous to the defendant.

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