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(영문) 대구지방법원 2014.07.18 2014고합258
준강도
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

On May 15, 2014, at around 03:30 on May 15, 2014, the Defendant intruded into the restaurant through the “E” restaurant operated by the victim D, which was not locked, and paid out KRW 20,000 in cash owned by the victim in the simplified cargo depository.

At that time, in order for the victim F (30 years of age) who is a security guard of the private security company dispatched to the place due to the operation of the unmanned warning system to get out of the restaurant to get the defendant's personal information and to get the defendant's arms to get out of the restaurant, the defendant was found to be "I am Ma, Ma, Ma, Ma, to the effect that "I am out of the restaurant" would not get out of the cafeteria. The victim was threatened with the victim to the effect that "I am off, while threatening the victim to the effect that "I am off, I am the victim and am the victim's chest, and am the victim's chest, and am out of the c

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

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or F;

1. On-site photographs, CCTV images review reports, and reports on the re-verification of the value of DNA theft;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Relevant provisions of the Criminal Act and Articles 335, 334 (1), and 333 of the Criminal Act concerning the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Simple assault and threat to evade the arrest of the mitigated area (two years and six months to four years of imprisonment) (special mitigation) of Type II (special robbery) shall be limited to the scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment).

3. Determination of sentence: In this case, two years and six months of imprisonment, and three years of suspended execution; and

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