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(영문) 전주지방법원 2020.09.23 2020고합144

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant did not have a certain occupation and had a lack of living expenses to enter a convenience store to force the use of goods.

On July 18, 2020, at around 02:25, the Defendant: (a) placed a large amount of 23,000 won (23,00,000) in the calculation unit in Seojin-gu, Seoul Special Metropolitan City; (b) had been placed in the accounting unit as if he would purchase D tobacco 1,000 won (45,00,000) at the market price; and (c) had the victim E (24,00 employees) who is an employee of the above convenience store demanded the calculation, threatened the Defendant with provoking by threateninging the Defendant to take a dangerous object (23.5 cm in total length, 12 cm in total) that he would have prepared in advance.

The defendant, carrying dangerous articles, threatened the victim and forcibly taken property.

Summary of Evidence

1. Defendant's legal statement;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act, including Article 334(2) and (1) of the Criminal Act, as to the facts constituting an offense subject to the Act and its subordinate statutes, such as the 112 Report Processing Manual E, the police officer’s report on investigation (CCTV tracking investigation, etc.), the investigation report (receipts for the articles taken by the suspect), the seizure protocol, and the list of seizure lists, Article 334(2) and (1) of the Criminal Act, Article 53 and Article 55(1)3 of the Criminal Act, Article 62(1) of the Act on Probation of the Suspension of Execution of the Punishment of the Criminal Act (hereinafter referred to as “the grounds for sentencing”), Article 62(2)1 of the Criminal Act, which is advantageous to the reasons for

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] [Type 2] No special standard [the scope of the recommended area and the scope of the recommended punishment] [the person who is a special person] [the recommended area and the scope of the recommended punishment] basic area, three to six years of imprisonment [the general person] mitigation element: minor assault and intimidation, living-type crime, and no record of criminal punishment [the grounds for suspension of execution].