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(영문) 수원지방법원 2017.10.19 2017고합512

특수강도

Text

A defendant shall be punished by imprisonment for five years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On January 6, 2012, the Defendant was sentenced to three years of imprisonment for special robbery by the Seoul High Court, and completed the execution of the sentence on October 14, 2014.

[2] On July 27, 2017, the Defendant: (a) 11:40 on July 27, 2017, 11:40, and 265,000 won in cash were deducted from the victim’s imprisonment without prison labor, on the following grounds: (b) the Defendant saw the victim, who was in charge of calculating the victim’s OO’s convenience store (hereinafter “the victim’s OO”), using Mack; and (c) taken a knife, a deadly weapon (24cm in total length, 10cm in length, and 10cm in length) prepared in advance by the victim; and (d) made it impossible for the victim to resist; and (e) took 2

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police againstO;

1. A protocol of seizure and a list of seizure;

1. On-site and suspect photographs;

1. Each investigation report (with respect to the confirmation ofCCTV and the attachment of video images, and response to a request for genetic appraisal);

1. Previous convictions: Application of Acts and subordinate statutes to the personal confinement status, investigation reports (Attachment of judgment attached), and criminal history inquiry results;

1. Relevant legal provisions of the Criminal Act and Articles 334(2), 334(1), and 333 of the Criminal Act, the choice of imprisonment with prison labor for the crime, and the choice of imprisonment with prison labor for the limited term;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific Cggravated Crimes, proviso to Article 42 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Five to twenty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The sentencing criteria [the types of decisions] the basic area [the scope of recommendations] of the Class 2 (Special Robbery) [the scope of recommendations] basic area [the scope of punishment] imprisonment of four years and six months to nine years: the maximum of 1/2, the maximum of 1/2, and the maximum of 1/2 shall be increased (the scope of final sentencing] by imprisonment of five years to nine years (the lowest of applicable sentences under the law), respectively.

3. The crime of this case committed by the Defendant with the knife knife and with convenience stores, is in danger of being committed as a bad and dangerous manner to threaten the knife women, and to cut off money.