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(영문) 의정부지방법원 2014.04.03 2014고합32

특수강도

Text

Defendants 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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:00 on February 7, 2014, the Defendants conspired with convenience points at the time of a new wall from the Flive line at the Namyang-si, Namyang-si, and around 03:0 on February 8, 2014, at around 03:0, the Defendants came to the front of the I convenience point in which the victim H in G was working as an employee in Southyang-si, with a deadly weapon in Defendant A’s house (the length shall be equivalent to 30cm), a kitchen (the length shall be equivalent to 23cm), a transition (the length shall be equivalent to 23cm), and a white gar, etc.

After confirming that there is no customer in the above convenience point and the victim is up to the calculation unit, Defendant B her face with white mast and black chlost, took a pipe of a white wall into hand, and Defendant A her flick and flicked a baby up to the snow and flicked with the kitchen flick in hand.

The Defendants, in comparison with the kitchen kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't h'

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H;

1. The police seizure record and the list of seizure;

1. A criminal investigation report (CCTV image analysis and text of the crime code);

1. Application of each existing Act and subordinate statute of subparagraph 1 through 4, 7, and 8, of seized evidence;

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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 of the suspended execution;

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] robbery, two types (special robbery) mitigation factors: Reduction factors of punishment [the scope of recommending area and recommendation range] mitigation range, imprisonment of 2 years and 6 months to 4 years.