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(영문) 인천지방법원 2014.12.04 2014고합672
준강도
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2014, at around 02:30, the Defendant: (a) sent alcohol to “D Sing club” located in Nam-gu Incheon Metropolitan City, and went out of the place after drinking; and (b) committed assault to use the victim’s timber on his hand with three merchandise coupons of 5,00 won owned by the victim E, who is an employee of the said Sing club, who was kept inside the Kabter, (e.g., 41 years of age), three merchandise coupons of 420 won per 4,00 won per 5,00 won per 41 years of age), resident registration certificates, cards, etc.; and (b) discovered that the wall was destroyed, the Defendant used the victim’s timber with his hand to escape the arrest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photograph photographic images of the DNA club CCTVs;

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are favorable to the defendant) of the suspended sentence;

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

2. Simple assault and intimidation to evade arrest in the area of special mitigation (9 to 3 years) (special mitigation) of category 1 (9 to 3 years), the scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) of the general criteria, and non-permanent assault and intimidation, and no penalty shall be imposed;

3. The crime of this case where a sentence of sentence was rendered is stolen by the defendant.

In light of the fact that it is not good that the victim was assaulted to escape arrest, and that it was often used to make a statement to the workplace rent F accompanied by a singing club, which is a place of crime, as if the defendant was well aware of it, the crime liability is not weak.

However, the defendant's crime of this case is relatively simple assault, and the amount of stolen articles is not so significant, and the damaged articles have been returned to the victim.

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