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(영문) 인천지방법원 부천지원 2014.12.12 2014고합216

특수강도

Text

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

Reasons

Punishment of the crime

On September 19, 2014, at around 01:16, the Defendant entered the D convenience store located in Seocheon-gu, Seocheon-gu, Seocheon-si C as a customer, and accessed E (46 years of age) as an employee who is the victim in a cooling house.

The Defendant, while calculating the price to the victim, putting up the right hand on the wall, displayed the knife of about 20 cm in length, which is a deadly weapon, to the victim, and threatened the victim to “nicking the money,” thereby preventing the victim from resisting, and forced the victim to take 245,000 won in cash possessed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Investigation report ( Results of literature and appraisal);

1. A report on the results of field identification;

1. Confirmation of fingerprints of robbery cases;

1. Application of the Acts and subordinate statutes to each CCTV photograph and uniform photograph at the time of committing the crime;

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 applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] and the general criteria for robbery crimes: Type II (special robbery) (the scope of recommending areas and the scope of recommended sentences] basic areas, three years to six years of imprisonment.

3. Determination of sentence: The crime of this case in 2 years and six months was committed by the defendant while at night, showing the knife, which was a deadly weapon to his employees, and the nature of the crime was considerably poor; the method of crime is sufficiently planned by purchasing the knife in advance and coloring the convenience points of the mixed employees; the victim was suffering from considerable mental shock and pain due to the defendant's crime; the damage recovery was not properly performed; and there was a lack of reflective attitude that was not good while the defendant was detained.