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(영문) 수원지방법원 평택지원 2019.09.06 2019고합91

특수강도

Text

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2019, at around 09:50, the Defendant: (a) displayed the victim D (here, 34 years of age) at the C convenience store located in Pyeongtaek-si B; (b) led the victim with a deadly weapon (21cm in the blade length) toward the victim; (c) threatened the victim with the victim’s resistance; and (d) took the victim’s property by taking 1,300 won at the market price, which is the victim’s possession.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Records of seizure, photographs of seized articles, photographs of the scene of damage, etc.;

1. Application of one of the Acts and subordinate statutes to the video CDs related to the instant case, such as a investigation report (for example, a video part), a CCTV photograph by cutting down CCTV images;

1. Article 334 (2) and (1) of the Criminal Act and Articles 334 (1) and 333 of the Criminal Act concerning the applicable criminal facts, the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion is that the Defendant, at the time of committing the instant crime, sporade knife knife knife knife knife knife knife knife

2. The following circumstances revealed by the evidence duly adopted and investigated by this Court, namely, ① the victim, at the time of convenience store, purchased the subject of the lawsuit first at the place of convenience, dys the sick after drinking the subject of the lawsuit before theme, and dysnife the knife on the second part.

The bresh brought about the bread, and the knife and threatened it with the knife. "in the outside" was called "in the outside."

Bab(price 1,300) brought 1,30 won to her without forced calculation.

2) Examining the CCTV images in the convenience store recorded at the time of the instant crime, the Defendant opened a convenience store and gather the bread inside the convenience store by putting the convenience store with the knife knife.