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(영문) 의정부지방법원 고양지원 2015.08.28 2015고합153
특수강도등
Text

A defendant shall be punished by imprisonment for not less than two years 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A police investigation report (on-site CCTV images verification);

1. Records of seizure and the list of seizure;

1. Written estimate;

1. Application of CCTV photographs and photographs of damaged areas to Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the special robbery of the choice of punishment for the crime: The point of causing property damage and damage under Articles 334 (2) and (1), and 333 of the Criminal Act: Article 366 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the punishment prescribed for a special robbery with heavier punishment, the aggravation of the punishment, and the long-term punishment for two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 2 (Special Robbery) (Special Robbery) mitigated element: Reduction element of special robbery (Determination of the recommended area) (Determination of the recommended area) and mitigation area of punishment [the scope of recommendation area] 2 years and 6 months to 4 years; and

B. The sentencing criteria are not set for the crime of causing property damage.

(c) Scope of sentences due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than two years and six months (the crime for which the sentencing criteria are set and the crime for which no sentencing guidelines are set are concurrent offenses under the former part of Article 37 of the Criminal Act, and the lower limit of the sentencing criteria on the crime for which the sentencing guidelines are set shall apply only

2. Determination of sentence: The crime of robbery of this case 3 years of suspended sentence in two years and six months of imprisonment was committed at a convenience store of 02:00 at one night, and the crime of robbery of this case was committed by the victim C with a knife of the victim C at a convenience store of 02:00, and thus, the victim C seems to have suffered a large mental shock.

However, the defendant confessions all the crimes of this case as the first offender, and repents his mistake, and the victims and victims.

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