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(영문) 의정부지방법원 고양지원 2014.01.17 2013고합225
준강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

At around 01:20 on November 15, 2013, the Defendant: (a) opened a 203 entrance and intruded into the Danyang-gu, Seoyang-gu; (b) opened a 203 entrance, which had not been locked; and (c) sold the above F in 1,40,000 won in cash, one new card; (d) one national bank cream card; (e) one agricultural bank cash card; and (e) one physical card of the agricultural bank; and (e) continuously stolen other stolen materials by putting them into the Defendant’s inner eye; and (e) continued to flap the Defendant’s arrest; and (e) subsequently, the said E and f, with the intention of evading the arrest of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Investigation report (Evidence Nos. 9);

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. Special robbery (special sentencing factors) mitigated factors in terms of the general criteria for the sentencing criteria (a person with a special sentencing): The mitigated area of simple assault and intimidation (the scope of recommending punishment) to escape arrest, and two years or more from six months to four years of imprisonment.

3. Determination of punishment should be made by taking into account all the sentencing factors indicated in the record, such as the Defendant’s character and conduct, environment, and circumstances after the commission of the crime. Determination is made by taking into account the favorable circumstances, such as the fact that the Defendant had been sentenced several times of punishment, but again commits the instant crime despite having been sentenced several times of punishment, and that the restoration of damage was not full, etc.

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