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(영문) 인천지방법원 2012.11.08 2012고합988

특수강도

Text

The punishment of the accused shall be three years of imprisonment.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 28, 2012, the Defendant, at Yeonsu-gu Incheon Metropolitan City Cmatet, 17:50 on August 28, 2012, sent to the victim D (Woo, 51) of the Mart operator who was seated in the mixed accounting unit, she was in possession of the deadly weapons ( approximately 22 cm in total length, approximately 10 cm in knife length, approximately 10cm in nife No. 1), and prevented the Defendant from resisting by intimidationing “nife, melting, sailing, opening a credit cooperative, and making a full nife inside” the victim’s cash amounting to 140,00 won.

Accordingly, the defendant took the property owned by the victim by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 334 (2) and (1) and 333 of the Criminal Act, the choice of limited imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Sentencing criteria [Determination of types] Robberys. General Criteria. 2 Type 2. Reduction area [Special Convicts]: Reduction area: source of punishment [Scope of punishment for recommendations] 2 years and 6 months to 4 years (pre-Adjustment according to punishment by law);

2. Criteria for the suspension of execution [the main reasons for the suspension of execution]: The person who denies the use of dangerous articles; and

3. Three years of imprisonment with prison labor for a decision of sentence (special consideration shall be given to the circumstances in which the quality of a crime is not good in light of the risk of committing a crime);