특수강도
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 04:06 on January 10, 2013, the Defendant took advantage of the fact that the victim D (n, 23 years of age) who is an employee at the convenience store in Guro-gu Seoul Metropolitan Government is working mixedly, and took advantage of the fact that the Defendant used cans and coffee at the cooling house in the convenience store and ordered the tobacco to be placed in the future of the canter. The Defendant took advantage of the fact that the victim’s excessive (12 cm a day length) is a dangerous object that the victim prepared in advance to calculate the value of the goods in advance, and threatened the victim by threateninging the victim from the door, “on the one hand, .........., the amount of money located in the safe,” while the victim could not respond to it, the Defendant took advantage of the method of taking approximately 2,700 tobacco 1 A and the market price of approximately 2,200 won, with one coffee can, equivalent to the market price of KRW 20.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Investigation record of seizure;
1. Application of Acts and subordinate statutes of investigative reports (general), on-site ctv, seized articles and photographs;
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the criminal defendant has been pened in depth, that the damage is minor, and that factors of sentencing are considered, such as the background of other crimes);
1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous convictions in the same kind and is seriously against the defendant);
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and
2. Scope of recommended sentences according to the sentencing guidelines [type of crime] robbery, general standards, type 2 (Special Robbery): Reduction element: In cases of intent to take money and valuables in a minor amount, minor assault and threat, living-type crime, serious reflectment [Scope of recommending punishment] to 3 years (basic area).
3. Legal comparison between applicable sentences and recommended sentences: Three years to six years of imprisonment.
4. Whether or not the suspension of execution (the main reasons for the suspension): the use of dangerous articles;