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(영문) 서울서부지방법원 2016.04.14 2016고합22

특수강도

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[criminal history] On December 31, 2008, the Defendant was sentenced to seven years of imprisonment due to robbery rape in the Daegu District Court resident support, etc., and completed the execution of the sentence at the Ganbuk vocational training prison on July 18, 2015.

[Criminal facts]

1. On January 26, 2016, at around 06:18, the Defendant entered the “C convenience store” located in Eunpyeong-gu Seoul Metropolitan Government, and reported the c convenience store to the victim E, who was a deadly weapons, the Defendant was the knife of the industrial knife in the length of the knife and the knife of the industrial knife., and the knife is the knife of the knife.

To take money out:

"Intimid intimidation the victim's failure to resist, 452,00 won in cash that the victim was under his/her control after the victim's threat was forced to escape."

2. The Defendant, at around 06:24 on the same day, continued to enter the “F convenience store” located in Eunpyeong-gu Seoul Metropolitan Government, and 06:24 on the same day, threatened the victim H, an employee, who was cleaning the place, with a deadly weapon, of the industrial knife (knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and H;

1. A report on investigation (verification of the amount of damage);

1. Previous convictions in judgment: (A) inquiry into criminal records, personal identification and acceptance status, and application of two copies of the text of the judgment;

1. Relevant provisions of the Criminal Act and Articles 334 (2), 33 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific Cggravated Crimes, the proviso to Article 42 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act [the aggravation of concurrent crimes with punishment prescribed for a special robbery against victims E with heavier penalty];

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Legal provisions;