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(영문) 춘천지방법원 속초지원 2013.10.10 2013고합29

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[2013Gohap29] Around 03:40 on July 27, 2013, the Defendant, within the D convenience store located in Seocho-si, Seoul, took the knife, which is a dangerous weapon, prepared in advance, to the victim E (here, 22 years of age), who is an employee, in turn, knife the knife of the knife (9cm length) and took the knife of the knife, “I do not want to do so..........................., the Defendant forced the victim to take the knife of the knife,

[2013Gohap37] From around 03:00 on July 25, 2013 to 04:00, the Defendant discovered that the windows from the side of the building were opened in front of the G cafeteria managed by the non-resident in the first floor of the building located in the inner city F, and entered the said cafeteria and entered the said cafeteria, and then cut off cash 45,000 won, which is owned by the victim from the wall of the victim H, located on the upper half of the Kagate, and KRW 10,00 won per face value, KRW 5,00,000, KRW 10,000, KRW 5,000, KRW 1,000, KRW 1,000.

Summary of Evidence

[2013Gohap29]

1. Defendant's legal statement;

1. Police seizure records;

1. Each police statement to E, I, J, and K;

1. On-site photographs and each investigation report (2013, 37);

1. Defendant's legal statement;

1. A statement prepared by H;

1. On-site photographs and fingerprints photographs;

1. Responses to fingerprinted results at criminal scene;

1. The application of Acts and subordinate statutes to report on the results of field identification and investigation reporting;

1. Relevant Articles 334 (2) and (1), 333 of the Criminal Act and Article 330 of the Criminal Act in relation to the crime; the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for a crime of special robbery heavier than punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of applicable sentences: Imprisonment for not less than two years and not more than 6 months but not more than 20 years;

2. Crimes of recommended types according to the sentencing criteria;

(a) Basic crime: Special robbery (determination of type). General criteria for robbery.