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(영문) 울산지방법원 2018.09.21 2018고합161
강도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 29, 2018, the Defendant: (a) sought to set up the victim D (Woo, 25 years of age, and Vietnam nationality) coming from the gold ball in front of the child care center located in Yangsan-si, Yangsan-si; (b) sought to set up the victim’s breath by hand hand; (c) did not go against the Defendant’s fingers by unfolding the victim’s fingers so far as the Defendant’s fingers were unfolded by unfolding the victim; and (d) took the victim’s gold booms as set forth in the above item.

As a result, the Defendant abused the victim, and took 1 gold blings amounting to 450,000 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on investigation (with regard to the specification of the suspected vehicle);

1. On-site reports (CCTV analysis - The mobile route prior to committing a suspect), and internal reports (the analysis of CCTVs for mobile routes after committing a crime);

1. Application of the Acts and subordinate statutes governing the CD-storage of pharmaceutical maps, CCTV photographs, and CCTV images;

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 applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [the types] general criteria for strengths: Type 1 (general robbery) [person subject to special robbery] [the determination of the area of recommendation] mitigated area of punishment [the scope of recommendation] mitigated area of punishment [the scope of recommendation] reduced area of punishment, one year and six months to three years.

3. The crime of this case in which the sentence of sentence was rendered is determined by taking into account the following: (a) the Defendant was unable to resist by unfolding the victim so far as it is difficult for the victim to do so; and (b) the Defendant was forced to take the scam of the victim by cutting the scam into force; and (c) the victim appears to have scambling a considerable fear at the time, the Defendant’

However, the fact that the defendant shows an attitude to recognize and reflect the crime, and the damage to the victim's property is not significant.

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