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(영문) 수원지방법원 평택지원 2013.09.11 2013고합77

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

1. On May 27, 2013, at around 23:35, the Defendant: (a) committed a “E” convenience store managed by the victim D (n, 50 years of age) located in Pyeongtaek-si C; (b) took a knick with a deadly weapon; (c) threatened the victim, who was located in the knick, with a knick, by threatening the victim as a deadly weapon (n, 9cm in length, No. 1); and (d) prevented the victim from resisting the victim; and (d) took a 128,000 won in cash.

2. After committing the crime of paragraph (1), the Defendant had the mind to force the payment of money at the same convenience store located in the second place, and on May 31, 2013, around 00:01, at the convenience store specified in paragraph (1), the Defendant d with a deadly weapon, and took the victim D with a knickly weapon, and “on the other hand, 9cm in length and No. 1). If the Defendant did not wish to die, she took the victim’s 6,000 won in cash by intimidationing the victim as one of the quasi-taxations within the money, and took the victim’s h

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of CCTV image data at the time of committing the crime);

1. Application of seized articles, photographs, criminal tools, and photographs of damaged articles and Acts and subordinate statutes;

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with punishment specified for special robbery as of May 27, 2013, the higher penalty)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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 twenty-two years; and

2. Application of the sentencing guidelines (determination of type), robbery, general standards, type 2 (Special Robbery): Reduction element of punishment [Scope of Recommendation]: Imprisonment with prison labor for 2 years and 6 months to 4 years (reasons of Suspension of Execution] positive: Non-existence of punishment, social relation clear that there is no past record of criminal punishment (major reasons for suspension of execution), serious reflectness, and there is no past record of suspended execution or more (general reasons for suspension of execution).