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(영문) 의정부지방법원 2020.01.16 2019고합351

특수강도

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for a special intimidation at the District Court for the Defendant’s District Court on January 23, 2018, and the judgment became final and conclusive on January 31, 2018, and is currently

【Criminal Facts】

On October 22, 2019, the Defendant intruded the victim R(51 years of age) and S(48 years of age) on the T-BC’s 23:13 years of age on the Q Q at Yang-si, and took advantage of the victims’ T-BC’s T-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-S-C-C-C-C-C-C-C-

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of R and S;

1. T-site identification photographs, records of on-site identification, etc., and reports on criminal records, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (on-site arrest and track tracking), investigation reports (Attachment to suspect rulings);

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

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 punishment by law: Imprisonment with prison labor for a period from two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of type) [Type 2] Special criteria [Special Robbery (Special Sentencing) mitigated factors: Reduction area of punishment (the scope of recommending areas and recommendations) mitigated areas, reduction area of punishment, two years and six months to four years.

3. Determination of sentence: The crime of this case committed two years and six months by the Defendant, while in possession of a knife, which is a deadly weapon, was committed by the victims by intrusion into a shop operated by the victims at night; the Defendant took the knife and threatened the victims by the method of taking the knife into his hand, and thereby threatening them to commit the crime, and the Defendant was extremely dangerous and inferior.