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(영문) 서울중앙지방법원 2017.10.20 2017고합845
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years 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

On September 28, 2012, the Defendant calculated KRW 70,000 in cash in advance to the victim D (n, 45 years of age) located in Jung-gu Seoul Metropolitan Government on September 28, 2012, and proposed to close the door when the business hours are terminated to the victim while drinking in person, and to revise the sex relationship with him/her.

The Defendant, while acting as if the victim first acted in a sexual relationship, and the Defendant had no idea of having a sexual intercourse. The Defendant saw that he had a sexual intercourse with the Defendant, on the part of the victim, on the part of the victim who was on the remaining table of the table that he had been on the breab, and 70,000 won in cash, which was paid from the damaged person in the form of drinking alcohol, was on the part of the victim, as if he was on the part of the damaged person on the chest, and her breably breath, and her breath of the end of the day of the day of the day of the day of the victim, and her breath and her breath of the victim, by threatening him as if he was on the breast part of the damaged person, and by threatening him to “I would all on the part of the damaged person.”

Accordingly, the defendant took property from the injured party while carrying a weapon, which is a lethal weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A criminal investigation report (Attachment of site photographs of the case);

1. The application of the Acts and subordinate statutes to verify the identity of the DNA appraiser, the fingerprints in the robbery case, the site inspection place, and the written appraisal;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the foregoing), which is the reason for the suspended sentence;

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

2. Application of the sentencing guidelines [type determination] The basic area of Type 2 (Determination of the territory of recommendation] (Determination of special robbery) [Scope of recommendation] from 3 years to 6 years [general sentencing factors] mitigation factors: The case where the intent is to forcibly take money or valuables in a minor amount is minor.

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