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(영문) 서울서부지방법원 2016.06.22 2016고합13

특수강도

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of six months of imprisonment for a special intimidation at the Seoul Western District Court on May 21, 2015 and was sentenced to a suspended sentence of one year on November 21, 2015, which became final and conclusive on November 21, 2015.

[2] In a state that the Defendant lacks the ability to make a decision due to alcohol acute addiction, the Defendant’s “F” convenience points for the operation of the E Stock Company, working for the victim D in Yongsan-gu Seoul Metropolitan Government, around January 10, 2016, in which around 02:00, he/she takes out all of the transition charges (the total length of 20cm, 10cm in length, 10cm in length, 10cm in knife, 10cm in knife) that were prepared in advance as he

Along with or scambling the victim, who threatened the victim with “to collect money from the credit cooperative located in the Katter,” thereby suppressing the victim’s resistance, and then was entered in the credit cooperative located in the Katter from the damaged person.

E The cash amounting to KRW 98,00,000, owned by E, was taken by reducing it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol of seizure and a list of seizure;

1. CCTV image data CDs;

1. Application of Acts and subordinate statutes to the notification of the results of mental appraisal;

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. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 punishment by law: Imprisonment for not less than one year and not more than three months but not more than seven years and not more than six months;

2. Scope of the recommended punishment on the sentencing criteria / [the types of decisions / [the scope of the recommended punishment / [the person subject to special robbery] Class 2 (Special Sentencing : The elements subject to mitigation of punishment: mental and physical weakness (no person himself/herself nor herself shall be responsible), the area of mitigation of punishment [the area of recommendation and the scope of the punishment], the area of imprisonment with prison labor for not less than one year and not less than three months and not more than four years (the lowest sentence (the lowest sentence of two years and six months) in the area of mitigation is lower than 1

3. Determination of sentence: Imprisonment with prison labor for a term of two years;