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(영문) 의정부지방법원 고양지원 2013.05.10 2013고합59

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

Reasons

Punishment of the crime

Around 02:50 on March 31, 2013, the Defendant: (a) took a deadly weapon (20cc in total and 10cc in length) against the victim D (the 19-year-old), who is an employee of the Defendant, taken off the victim from the victim, who was an employee of the place of the Defendant, thereby making it impossible for the victim to resist; (b) by threatening the victim to “influening the money,” and by threatening the victim to “influening the money.” (c) Around 02:50 on March 31, 2013, the Defendant forcibly taken the victim from the victim, who was an employee of the

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to seized objects, seized objects, photographs, CCTV creation photographs;

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. In the event that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1)1 of the Confiscation Criminal Act) robbery, general standards, special robbery (amended by Act No. 48(1) 1 of the same Act / [the scope of recommending punishment] basic area / [the scope of recommending punishment ] imprisonment with prison labor for three years to six years (general mitigation) minor amount, livelihood-based crimes [the scope of applicable sentences under law ] from 2 years to 15 years [the comparison with applicable sentences] from 3 years to 6 years [the decision of sentencing] from 3 years from 15 years [the decision of sentence] of imprisonment with prison labor for the crime of this case needs to be punished corresponding to the defendant as a matter of threatening the victim with

However, the fact that the defendant is deeply divided and reflected in depth, that there is no particular criminal history for the defendant, that the defendant committed the crime of this case by failing to transfer prosecution and worship, that the defendant excessively used to threaten the victim, but actually did not harm the victim or proceed to assault, the amount of damage is insignificant, and other cases.