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(영문) 춘천지방법원 2015.10.20 2015고합85
강도상해
Text

A defendant shall be punished by imprisonment for two years.

One seized gold field (Skcheon District Prosecutors' Office No. 478 No. 1, 2015).

Reasons

Punishment of the crime

The defendant, who did not have a certain occupation, had a person who does not have a certain amount of living expenses, neglect to take the things from others.

On July 21, 2015, at around 05:40, the Defendant: (a) deemed that the victim C (the 76-year-old, female) who used a new wall movement wears gold plants; and (b) considered that the victim’s resistance would be easily suppressing, the Defendant forced the victim to take the gold neck and gold pets that the victim had carried on the left hand, following the victim’s back to the house; (c) attempted to take the victim’s neck and gold pets that the victim had taken on the left hand, but the victim completely refused the victim’s neck; and (d) when the victim walked once again, the victim’s chest part of the bridge was obstructed by drinking, and the victim did not resist the victim; and (e) forced the victim to take the gold pets of KRW 10,100,000 at the market price where the victim worn on the neck.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. On-site photographs, photographs of the scene of robbery, photographs related to the suspect, and photographs related to seized articles;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 33 of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Period of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Recommendation type on the sentencing criteria: Imprisonment with prison labor for up to three years (decision of a type): Type 1 (General Robbery) [Special Robbery] (Decision of the recommended field] - In the area of aggravation of the victim (decision of the recommended area] who is vulnerable to the crime of aggravation [the scope of recommendation area] 3 to 6 years [the scope of general salves] - In the case of intent to take money and valuables taking advantage of a minor amount of mitigation factors, the applicable sentences under the law that has no record of criminal punishment: 3 to 6 years; comparison of the applicable sentences and the recommended sentences under the law of 1 to 15 years from June 1 to

3. Sentence: Imprisonment for 2 years; and

4. Unlike larceny, a person who commits robbery in the course of sentencing.

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