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(영문) 춘천지방법원 강릉지원 2014.05.22 2014고합20

특수강도

Text

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

excessive 1 per cent (No. 1) of seized ruptures shall be confiscated.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to a suspended sentence of two years and six months for special robbery in the Sungwon District Court's Sungnam Branch's branch on July 26, 2012, and the sentence of the suspended sentence becomes final and conclusive on August 3, 2012.

On March 22, 2014, at around 03:35, the Defendant brought about the calculation of the fruits, etc. displayed as if he had purchased goods at the E point of D operation in the East Sea, and applied for tobacco to the victim F (n, 18 years of age), who is an employee, as well as the victim of the Defendant. On March 22, 2014, the Defendant sent back the excessive amount (10cm in the blade length, 22cm in the total length) of a deadly weapon (22cm in the blade) to the victim containing the items in an envelope, and took off the amount of money (10cm in the blade length, 10cm in the total length). The Defendant threatened the victim, “ promptly,” thereby preventing the victim from resisting, and took a b80,000 won in cash owned by D in the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. CCTVs at the scene of crime, cut photographs and photographs related to seized objects;

1. Application of Acts and subordinate statutes on police seizure records;

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

2. Three or six years from the imprisonment year to the six years [Comparison of wife punishment and recommendation punishment] from the imprisonment with prison labor for the basic area (the scope of recommendation punishment] of Type 2 (Decision on Special Robbery) (the scope of recommendation punishment], general criteria for the application of the sentencing criteria (decision of type) strengths.

3. Determination of sentence: (a) all the elements of sentencing indicated in the records and arguments, such as the motive, background, means, amount of damage caused by force and the criminal records of the defendant; and (b) in particular, the crime of this case is a crime committed by entering the convenience store for female victims in the very excellent new wall time period; (c) the defendant prepared the knife to be used for the crime; and (d) knife the knife to the victim.