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(영문) 서울동부지방법원 2017.10.12 2017고합259

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

Reasons

Punishment of the crime

On August 26, 2017, at around 02:57, the Defendant: (a) placed a plastic bag that he had prepared in front of the calculation unit in Fmat “F E” of the victim E (48 years old) in Seoul Special Metropolitan City, Gwangjin-gu, and the first floor; (b) placed a plastic bag that he had prepared in front of the calculation unit on one occasion in calculating the plastic bag; and (c) made it difficult for the victim to resist by threatening the victim as if he would have been at the time of the above decline, such as “Wing kacking kack in kack,” and “Wing kacking kack in kack,” and took a 19 tobacco amounting to KRW 155,500,00 in total, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each protocol of seizure and the list of seizure;

1. A report on the occurrence of a crime (special robbery), a criminal investigation report (the detection of a criminal tool), a criminal investigation report (the closure ofCCTV images), a criminal investigation report (a photograph attached to a photograph of seized material), a criminal investigation report (CCTV video);

1. Application of Acts and subordinate statutes to a report on results of field identification;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of punishment by sentence: Imprisonment for not less than two years and six months - 15 years;

2. Class 2 (Special Robbery) mitigated elements according to the sentencing guidelines: Imprisonment with prison labor for a period of two years and six months to four years.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and three years of suspended sentence; and

A. It appears that the Defendant committed robbery, while carrying the hacks prepared in advance, after entering the victim’s hacks that are disadvantageous to the Defendant, and the Defendant was deemed to have suffered a big mental pain due to the instant crime as dangerous in the method of committing the crime.

(b) the defendant;