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(영문) 의정부지방법원 2016.09.01 2016고합272
준강도등
Text

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

The number of man-made labelling labellings (Evidence No. 1) seized shall be the victim C, and the number of the writing shall be the victim C.

Reasons

Punishment of the crime

At around 12:20 on April 2, 2016, the Defendant: (a) committed a theft by putting 15,000 won or more of the market price of the victim D owned by the victim D located in the display stand; (b) returned to the above place on 12:25 on the same day; (c) when the victim C (the victim C) operated by the victim C (the victim 67 years of age) was placed in the display stand, the Defendant was aware of the victim C, who was present at the display stand, and was discovered to the victim C, with one blick belt equivalent to KRW 10,000 of the market price of the victim C owned by the victim C, who was located in the display stand, and tried to escape the arrest of the victim flick by putting the face of the victim C three times at the center near the display stand; and (d) once again flish the victim’s flick with an assault by using the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Written statements of D;

1. Seizure records;

1. Application of Acts and subordinate statutes governing photographs of damaged goods;

1. Relevant Articles 335 and 333 of the Criminal Act, and Article 329 of the Criminal Act, which provide applicable legal provisions concerning facts constituting a crime, and Articles 335 and 333 of the Criminal Act, which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to eighteen years; and

2. Application of the sentencing criteria;

(a) Class 1 crime: Quasi-Robbery [Scope of Recommendation] general standards for types 1 (General Robbery) and the mitigation area (one year and six months to three years) (special mitigations) (special mitigations) and no penalty is imposed;

(b) Second offense: Theft [Limits of recommending punishment] basic area (six months to one year) (one year and six months) of larceny for general property; and

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for a year and six months to three years;

3. Determination of sentence: The crime of this case committed by the defendant in one year and six months of imprisonment shall be the victim who steals the victim D or C's article from the screen and thereby shall be the victim.

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