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(영문) 인천지방법원 2015.05.28 2015고합31

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

The Defendant, by using a knife, etc. that is a lethal weapon, led to insufficient living expenses, etc. to enter a new wall-time convenience store to force the payment of money. On January 5, 2015, at around 06:00, the Defendant took a 70,000 won in cash at the above convenience store located in the Nam-gu Incheon Metropolitan City, to prepare in advance a knife with an employee F (n.e., the age of 18) as an employee, and taken a knife, which is a deadly weapon (the total length of 33 cm, the knife length of 19,00m in knife) with the victim, and took a knife the victim’s resistance by threatening the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. On-siteCCTV closure photographs (6 No. 100), CCTV closure photographs (8 No. 100);

1. Application of each protocol of seizure, list of seized articles, and Acts and subordinate statutes governing seized articles;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 334 (2), 333, and 334 (1) of the Criminal Act that choose a penalty;

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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. Persons who are not subject to punishment in the mitigated area (two and a half years from June to four years) (special mitigation) of the mitigated area (special mitigations) according to the sentencing criteria, the scope of recommendation types [the scope of recommendation types] according to the general standards; and

3. Determination of sentence: The crime of this case with two and half years of imprisonment, and three years of suspended execution is not likely to be committed by the defendant, entering the convenience store where female employees are mixed, threatening the victim with a knife, which is a lethal weapon, to force him to take money after suppressing his resistance at the time of the new wall.

Considering the fear that the victim was sworn at the time of committing the crime, it is necessary to punish the defendant solemnly.

However, the defendant is somewhat contingent in his/her life.