beta
(영문) 대구지방법원 포항지원 2013.05.13 2013고합16

특수강도

Text

A defendant shall be punished by imprisonment for three years.

The number of seized parts shall be 1 (No. 3), 1 knife (No. 5) and excessive.

Reasons

Punishment of the crime

Defendant,

1. On February 7, 2013, around 04:31, 200, the victim E (n, 41 years of age) who pretended to be a customer in the F convenience point of the management of the victim E (n, 8 years of age) located in Nam-gu, Nam-gu, and made it impossible to resist and resist the excessive amount (12.5cm in length, 12.5cm in length, 12.5cm in length) which is a deadly weapon prepared for the victim in advance by the victim, and then the victim was demoted with the amount of KRW 85,00 in cash located in a large simple credit cooperative;

2. On March 4, 2013, around 02:43, 2013, the victim C (n, 43 years of age) was pretended to the H convenience point of the management of the victim C (n, 43 years of age) located in Nam-gu G, Nam-gu, and led the victim to not resisting against the victim of the food blade (30cc in length, 19cc in blade length) that was prepared in advance, which was a deadly weapon that was prepared in advance for the victim, and the victim was taken by force with three cigarettes of cash 148,000 won in cash in the calculated simplified safe and the market value of which is equivalent to 75,000 won in market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report on investigation (related to photographing of site pictures of seized articles), report on investigation (Attachment of photographs of seized articles), investigation report (limited to photographs of the suspect at the time of committing a crime);

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 provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in paragraph (2) of the same Article as with heavier judgment), among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the amount of discretionary mitigation is a relatively small amount, etc.);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of punishment by law: Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. Scope of recommendations on the sentencing criteria: Determination of the type of crime listed in paragraph (2) of the Decision on the Grounds for Sentencing: The area of recommendations that there is no special person for type 2 (special robbery): The basic area;