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(영문) 서울동부지방법원 2017.11.02 2017고합271

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, who was dissatisfied with the problem of the worship of a pastor and the church, was unable to leave the church, and raised money from other persons in order to raise the living expenses.

On September 3, 2017, around 13:34, the Defendant, at F convenience stores managed by the Victim E (V, 49 years of age) located in Gwangjin-gu, Seoul, Seoul, and the first floor, threatened the victim with a knife knife (30.5cm in total length, 19cm in length) that had been prepared in advance, and prevented the victim from resisting, thereby reducing the victim of KRW 195,00 in cash.

Accordingly, the defendant took property from the injured person by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. Application of investigation reports (on-site CCTV images), CCTV video CD-related Acts and subordinate statutes;

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. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Class 2 (Special Robbery) (Special Sentencing) mitigated elements on the basis of 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 suspension of execution;

A. The Defendant, who is disadvantageous to the Defendant, went through a convenience store for the married employee, took a knife his employee to force him to take cash. In light of the details of the crime and the method of the crime, the victim’s dismissal from office immediately after the instant case.