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전주지방법원 2014.05.19 2013고합207

A defendant shall be punished by imprisonment for three years.


Punishment of the crime

[Criminal Power] On October 17, 2008, the Defendant was sentenced to imprisonment with prison labor for special robbery at the Seoul Northern District Court for two years and six months, and completed the execution of the sentence on April 11, 201.

【Criminal Facts】

At around 11:00 on June 4, 2013, the Defendant: (a) reported that the victim E (hereinafter “E”) entered a toilet in Yansan-gu Seoul Special Self-Governing City, Seoul Special Metropolitan City, entered the toilet; and (b) immediately followed the Defendant by threatening his female, promptly followed the Defendant, with the intent of deceiving the victim’s resistance; (c) forced the victim to take away the excessive amount, which is a deadly weapon, in his possession, into one hand; and (d) forced the victim to take money and valuables from the victim; and (d) attempted to take money and valuables from the victim, but did not go to the effect that the victim escaped as it was, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning criminal records and status of confinement for individuals;

1. Article 342, 334 (2) and (1), and 333 of the Criminal Act applicable to the crimes and Articles 342, 334 (2) and (1) of the Criminal Act;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act to attempted disability;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for not less than two years and six months to 12 months; and

2. Whether or not to apply the sentencing criteria: The sentencing criteria shall not be applied as an attempted crime.

3. Determination of sentence: In light of the fact that the crime of this case for three years, with lethal weapons, is highly dangerous that the victim has been compelled to withdraw money and valuables by force, and that the defendant has the record of having been sentenced to imprisonment for the same kind of crime, that the defendant committed the crime of this case during the period of repeated crime, and that no agreement has been reached with the victim, the defendant shall be punished strictly.

However, the defendant repents his wrongness in depth.