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(영문) 의정부지방법원 2016.04.07 2016고합30

특수강도

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant was engaged in daily work, and directed the elementary school students to their living conditions, such as alone raising the children who are the elementary school students, the Defendant was willing to take money and valuables after entering the right place of convenience, and threatening the employees to take money and valuables.

On January 21, 2016, the Defendant: (a) confirmed that he was in the D convenience store located adjacent to the C apartment settlement of the C apartment house, Namyang-si around 20:53 on January 21, 2016; (b) confirmed that he/she had been in office as an employee E (n.e., 19 years of age); and (c) subsequently, concealed the excess (25 cm in total length, 13.5 cm in length) which is a dangerous object that has been prepared in advance, and carried out as a convenience store, carried out the order for tobacco to the victim; and (d) took out the excess from the Amperus in the Amperusus.

The author puts above the fish calculation unit, and 344,000 won in cash in a small credit cooperative from the person suffering from drinking, by giving the victim a fright, "in the internal tax base..........", the victim frighted against the resistance, and forced the victim to cut off the resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach photographs of a suspect at the time of committing a crime), investigation report (the difference between the amount of damage and the amount of seizure, and comparison with photographs of on-site CCTV photographs);

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The application of the sentencing criteria [the scope of the recommended punishment] general standards and the basic area (three to six years) (any person who is subject to special sentencing) of the two types (special robbery).

3. Determination of sentence: Imprisonment with prison labor for three years, and with respect to the crime of this case for four years of probation, the defendant entered a convenience store at night, and forcibly takes custody of cash against female employees.