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(영문) 광주지방법원 2016.03.18 2015고합453
강도
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On December 11, 2008, the Defendant was sentenced to eight years of imprisonment for robbery, etc. at the Gwangju High Court, and completed the execution of the above sentence at the Gwangju District Court on October 28, 2015.

On December 13, 2015, the Defendant: (a) around 22:10, the victim E (in this case, 26 years of age) who delivered coffees and coffees from around 22:10 to 307 in Seo-gu, Gwangju-gu, and (b) left the neck in order to prevent the victim from suffering losses after concluding the coffees.

Accordingly, while the injured party spawn down the defendant and spawn up the victim's hallway from the handbag where the victim was able to spawn the victim's neck from his arms by using his corridor, the injured party took 32,00 won in cash from the handbag where the victim was spawnd, so that the Handphones and cash, etc. fall on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records;

1. Previous convictions in judgment: Inquiry such as criminal history, personal confinement status, application of a copy of judgment, and statutes;

1. Article 333 of the Criminal Act concerning the crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific Cggravated Crimes, proviso to Article 42 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 (see, e.g., conditions favorable to the following grounds for sentencing) of the Criminal Act mitigated from small amount;

1. Scope of applicable sentences under law: Three years to fifty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the general standard for strengths and the basic area of the first type (decision on the recommended area] [the scope of the recommended punishment: two years to four years] / the scope of imprisonment] the specific violent crime (a repeated crime) from three years to six years of imprisonment, and the scope of the sentence (two years to four years of imprisonment) shall be aggravated by 1.5 times the upper limit and the lower limit of the sentence (two years to four years of imprisonment).

3. Determination of sentence: A favorable condition is that the amount of damage in this case is not significant in the amount of imprisonment for a period of three years and six months, and that the damaged product was returned to the victim.

In light of the method and circumstances of the instant crime, etc., the crime of this case is more likely to be committed in light of the fact that the Defendant had repeatedly committed the instant crime at approximately two months after the completion of prison life due to the same type of crime.

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