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(영문) 대전지방법원 2018.11.23 2018고합415

특수강도

Text

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

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On October 7, 2018, the Defendant, who received money from ordinary male and female students living together, had no money during the process of disputeing with male and female students about the support of living expenses, and had knife the cash by threatening knife with a knife with a knife.

On October 8, 2018, at the convenience point of "D" operated by the victim C (n, 48 years of age) in Daejeon-gu, Daejeon-gu, Daejeon-gu, around 01:10 on October 8, 2018, the Defendant accessed the victim with a Kafrier as if he/she would take and purchase the Kafrier 1 bottled in the air conditioners, and then requested tobacco to the victim, and the victim told the victim to the inside of the Kafrier, the Kafrier, and entered the Kafrier, and was a dangerous object that was prepared in advance on the part of the victim's sofriter (19.8cm in total, 9.8cm in length on the blade, 9.8cm in length on the blade).

1. To open a savings depository with or without labor;

“Intimidating the victim’s money and valuables amounting to KRW 254,00 in cash, KRW 86,00 in the market value, KRW 20 tobacco amounting to KRW 86,00 in the market value, and KRW 1,750 in the market value, and KRW 341,750 in the total amount of KRW 1 bottled, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Re-verification:

1. CCTV closure photographs, damaged objects, photographs of criminal tools, CCTV images CDs, investigation reports (verification of CCTV images at the scene of crime);

1. Application of the relevant statutes to the total list of seized articles, protocol of seizure and list of seized articles;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing criteria [Scope of the recommended punishment] general standards and basic area (three years to six years).

3. The crime of this case, which was sentenced to sentence, is committed in excess of the fact that the defendant carried a deadly weapon prepared in advance at night, and took money and valuables into convenience stores, and the victim is under the nature of the crime.