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(영문) 대구지방법원 2013.07.26 2013고합222

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

On February 20, 2013, at around 21:36, the Defendant: (a) as if the victim D (n, 33 years of age) in the Daegu-gu, Daegu-gu, sought to pretend customers to enter the convenience store to purchase cans and beer; (b) as he had prepared in advance, the Defendant sent the victim with a dangerous weapon (30 cm in total length) that he was in possession of, and released the victim from, the victim with a deadly weapon (30 cm in total length) that he did not resist, thereby preventing the victim from resisting against the victim; and (c) took the victim from 127,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Investigation report (limited to photographs, such as a water distribution complex);

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

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

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [Determination of Punishment] - Special robbery [Special Robbery] - Reduction element: [The scope of decision and recommendation in the recommending area] Reduction element - [the general person in prison] Reduction element - In the mitigated area (two to four years] Reduction element - In the case of minor taking of money and valuables in a minor amount : serious half [whether or not to suspend the execution of sentence] - Use of dangerous articles - Major positive participation reason - Use of dangerous articles - Major participation reason: In the case of serious half of punishment - serious half of punishment - In the case of serious half of general participation reason: The defendant was subject to a disposition to send several juvenile protection cases by injury, theft, fraud, etc.; the defendant was present at the probation office until February 1, 2013, which was 200 days prior to the date and time stated in the decision that he was designated as a person under probation, and was given guidance by the probation office.