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(영문) 춘천지방법원 강릉지원 2017.05.18 2016고합96
준강도
Text

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months on August 21, 2009 by imprisonment with prison labor for a violation of road traffic law in the Incheon District Court’s Branch, etc. on August 21, 2009, and on July 22, 2010, the sentence of the suspended sentence became final and conclusive on September 25, 2010 on the ground that he/she was sentenced to six months of imprisonment with prison labor for a violation of road traffic law in the Suwon District Court’s Branch, and on September 28, 2016, the sentence of the suspended sentence was invalidated on May 9, 201 when he/she was released on parole on May 30, 201 and the parole period expired on May 30, 201. On September 21, 2016, the sentence became final and conclusive on September 28, 2016.

【Criminal facts】 On July 28, 201, the Defendant invadedd the victim D (Woo, 43 years of age) of this household residing in Ansan-si, A around 03:00, the Defendant: (a) obstructed the victim’s house by an influencing method; (b) obstructed the victim’s unfluencing the victim’s market price from diving; and (c) obstructed the victim’s sound as “the victim ought to face”; (d) obstructed the victim’s face by hand for the purpose of evading arrest; and (e) assaulted the victim’s face by spreading it once for drinking; and (e) assaulted the victim’s two arms in order to prevent continuous occurrence of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Response to a request for appraisal, photographic records, investigation report (specific suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same kind of power and repeated crime);

1. Articles 335 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes (applicable to a criminal record of a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (inter-sections, such as night-time intrusion theft, etc., in which the crime and judgment have become final and conclusive);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.

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