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(영문) 인천지방법원 부천지원 2017.09.08 2017고합165

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

In order to raise expenses for the Internet game item transaction, the Defendant prepared for the use of cash by an employee at the night at the convenience store where the employee works mixed with each other, and prepared for the transition, which is a deadly weapon (19cm in total length, 9cm in length, 9cm in length, 1000 in certificate).

On July 17, 2017, around 03:03, the Defendant confirmed that only the victim was entering and departing from the “E convenience store” of the victim D(58 tax) who works for the said employee, the Defendant entered the said convenience store again at around 03:08, and performed an act to collect money in the front of the calculation unit. As the victim prepared in advance to not respond to this, the Defendant got out of the back of the payment unit of the cash 140,000 won, which was carried out in the front of the payment unit, and put them into the plastic bag.

Accordingly, the defendant took the victim's property by intimidation by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of current legislation of excessive one (19cm in total length, 9cm in length, No. 1) seized;

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (a) of the Criminal Act (the record reveals that the defendant is a Grade 3 disability in hearing, but there is no evidence to acknowledge that the defendant was a Grade 3 disability in hearing, and there is no other evidence to prove that the defendant has a disability in the development function, and thus, reduction of deaf-mutes under Article 1

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The sentencing criteria shall be based on; and