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(영문) 광주지방법원 목포지원 2019.03.28 2019고합21

특수강도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

excessive one sheet (Evidence No. 4), one turn on an emergency warning line (Evidence No. 5), Mask.

Reasons

Punishment of the crime

On February 3, 2019, at around 06:09, the Defendant: (a) worn a black gark and lock, which was prepared in advance at a convenience store located in Mapo-si B, Mapo-si; (b) set up a display stand, and then put the sabbb and sabb in the display stand, and then put the victim C (V, 20 years of age) working there out in advance to pay back money, which is a deadly weapon (10cm in total length, 22 cm in length, 100cm in knife) that was put in advance between the calculation and the victim C (V, 20 years of age), did not resist by raising money; and (c) took 50,000 won in cash managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and the list of seizure;

1. Application of the statutes governing on-site CCTV CDs;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standard [Type 2] the special robbery [the scope of recommended fields and the scope of recommended sentences], the basic area of punishment, three to six years of imprisonment.

3. The crime of this case, where the sentence of sentence was rendered, is deemed to have been committed by the Defendant, using the excessive amount of a deadly weapon, thereby taking the victim’s property forcibly.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case, the amount of damage is minor, the defendant's living is leading to the crime of this case to gather open vessels in a situation where it is difficult to live, and the defendant has no record of punishment for the same kind of crime.

The above circumstances and all other circumstances revealed in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive and means of crime, results, and circumstances after the crime.