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(영문) 서울남부지방법원 2016.09.02 2016고합361
준강도
Text

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

One mountain (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On July 15, 2016, at around 23:35, 2016, the Defendant opened a steering room in which the victim D (28 years of age) parked in a white string E car and did not correct the string, and entered into a passenger car, with two credit cards, one string card, one 1,000 won and four strings of the victim D owned by the driver's license, and 45,000 won of the market price of the victim D owned by the driver's license and returned to the vehicle, and when the victim D and her female-friendly job offers (27 years of age) were held for the purpose of evading the arrest of the victim by putting the victim's face up to the victim D and her female-friendly job offers (27 years of age) one time, and used the victim's right side by assaulting the victim D's left side of the victim D and one time more than the victim's right side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs by cutting damaged articles and photographs and booms images used for committing a crime;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines table [the scope of the recommended sentence] general standards and the basic area (two to four years) of the category 1 (general robbery) (two to four years) (special person);

2. In light of the fact that the Defendant, who has been sentenced to punishment for the same kind of crime, such as robbery, injury, etc., committed the instant crime, and that the victims were assaulted against the Defendant for the purpose of evading arrest by committing the larceny at the end of the period of repeated crime, only one week prior to the end of the period of repeated crime. Therefore, strict punishment against the Defendant is inevitable.

However, there are favorable factors for sentencing, such as the defendant's confession of the crime of this case and reflects his mistake, all the damaged items have been returned, and the victims have not want to be punished against the defendant.

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