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(영문) 인천지방법원 2018.01.11 2017고합771

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 entered a convenience store at night and threatened employees with a knife, and raised a mind to force cash on the convenience store.

On November 9, 2017, around 03:30 on November 9, 2017, the Defendant: (a) to the Victim E (V, 22 years old) who is an employee of the said convenience store at the D convenience store located in Nam-gu Incheon Metropolitan City C1, Nam-gu, Incheon; and (b) “A” to the Defendant: (c) 2, while the Defendant made a call for tobacco

In order to calculate the language, the knife knife, which was a deadly weapon (No. 1, 33 cm in total length, 20 cm in length) that was hidden inside and outside of the inside of the knife, was sent to the victim, and the knife "open the knife."

After the Defendant prevented the victim from resisting one another, the Defendant took the 600,000 won in cash from the person suffering from drinking fright, and 20,000 won in total at the market price of 9,00 won, and 1,000,000 won in the market price of the victim, and 1,00,000,000 won in the cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A written statement prepared by E;

1. Each police investigation report (verification of the use of a motor vehicle by an offender, tracking a moving lane of a motor vehicle, and verification of CCTV inside and outside an officetel on the same day of the crime, etc.);

1. A protocol of seizure and a list of seizure;

1. Application of the relevant photographs (record, etc. of robbery), CCTV-cape photographs (on the day of committing a crime) and the 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

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. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the general criteria for strengths and the scope of the recommended punishment [the scope of the recommended and recommended punishment] Class 2 (Special Robbery) [the scope of the person subject to special mitigation] [the recommended area and the scope of the recommended punishment] mitigated area, two years and six months to four years.