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(영문) 인천지방법원 2018.09.07 2018고합29
준강도등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:05 on December 15, 2017, the Defendant 41,000 won in cash owned by the victim while temporarily stopping in front of the F building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon and kept in custody of the said taxi in front of the F building at the destination while boarding the e-si operated by the victim D (53 tax) in front of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, with passengers aboard the e-si.g., at the destination., the Defendant carried 41,000 won in cash in front of the said taxi and carried it out in the said taxi.

The Defendant 1 took the victim's neck by hand with the victim's hand for the purpose of evading arrest of the defendant who gets off from the above taxi, and when the victim's head was 6-7 times in drinking.

Accordingly, the defendant abused the victim's property and assaulted the victim for the purpose of evading arrest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on seizure records and the list of seizure lists;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements of the recommended punishment on the sentencing criteria shall be limited to the range of punishment [the types of decisions] [the general criteria for the crime of robbery] and the factors for mitigation of punishment: simple assault and intimidation, and non-influence of punishment [the scope of the recommended punishment] from September to three years (the scope of the corrected recommended punishment] from September to June (the scope of the corrected recommended punishment] imprisonment, one year and six months from June to three years (the lowest limit of the punishment by law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and with respect to the crime of this case for a period of three years under a suspended execution, the defendant shall take cash in the taxi;

In addition, the case of assaulting the victim for the purpose of evading arrest of the victim who was added to the victim, and in light of the content of the crime and the method of the crime, etc., the nature of the crime is not that of the victim.

On the other hand, however,

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