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(영문) 서울남부지방법원 2016.07.14 2016고합267
준강도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 25, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on December 17, 2014, and completed the execution of the said punishment at the Gansung Prison on December 17, 2014.

On May 23, 2016, around 00:40 on May 23, 2016, the Defendant discovered that the Defendant was a victim E ( South and fifty years of age) before the D Bank located in Guro-gu Seoul Metropolitan Government, and found that the Defendant was a victim E (V) and whether the Defendant “if any.”

"I go back to her."

피고인은 피해자를 부축해 주는 척하면서 피해자의 바지 뒷주머니에서 피해자의 지갑을 꺼 내 절취하고 도주하려 다가 이를 눈치 챈 피해 자로부터 지갑의 반환을 요구 받자 재물의 탈환을 항거할 목적으로 주먹과 발로 피해자의 얼굴과 몸을 여러 차례 때려 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Photographss and field photographs of damaged articles;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation, and application of Acts and subordinate statutes on personal acceptance;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 25 years;

2. Application of the sentencing criteria [the types of decisions] The general criteria for strengths and the elements for mitigation of types 1 (the general robbery) (the person subject to special sentencing): Imprisonment with prison labor for not less than one year and six months but not more than three years in the area of mitigation of simple assault and intimidation [the decision in the sphere of recommendation] to evade arrest;

3. Determination of sentence: The defendant's responsibility is not weak since he/she committed a larceny in the period of a repeated crime due to a crime of larceny, etc., even though he/she was punished several times by imprisonment with prison labor for a two-year theft, and assaulted the victim for the purpose of resisting recovery of property;

The defendant was unable to receive a letter from the injured party.

(b).

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