특수강도
A defendant shall be punished by imprisonment for three years.
However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 28, 2018, the Defendant boarded the victim E (51) at the front taxi stops located in the Southern-gun C around the south of Korea on January 28, 2018 as a customer.
On January 28, 2018, the Defendant, in front of the H Hospital G located in the Southern-gun G G, the purpose of which is around 20:35, paid taxi charges.
At this time, the Defendant got off the transition ( approximately 20.5 cm in total length, approximately 10 cm in length) which is a deadly weapon in advance, from resisting the victimized person, as the Defendant puts on the right side of the victimized person, and took a 28,000 won in the face of the victim in the above cab, and forced the Defendant to take off one copy of the telephone storage in which 28,000 won in the face of the injured person was located in the above cab.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each protocol of seizure and list of seizure (34 pages to 37 pages of the investigation records);
1. A report on investigation (in the situation at the time of arrest of the suspect), investigation report (the inspection of locking of damaged vehicles and CCTV at the scene of the crime);
1. Application of the Acts and subordinate statutes to photographs of victims, photographs of seized articles, photographs of booms;
1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;
1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] strength, general standards, type 2 (Special Robbery) [person subject to special sentencing] mitigation element - [the scope of the recommended punishment] mitigation area [the scope of the recommended punishment] mitigation area of punishment [the scope of the recommended punishment] two years and six months to four years.
3. The Defendant, at night, took a taxi at night, and took a 28,000 won, which is owned by the victim as a deadly weapon, to the victim, who is a driver.
The above crime by the defendant is very dangerous, and the method is accordingly.