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(영문) 의정부지방법원 2013.08.21 2013고합241

특수강도

Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

around 04:06 on May 12, 2013, at the “F convenience store” operated by the victim E (the age of 49) in Yangju-si, the Defendants: (a) prepared in advance, and (b) obstructed the Defendants from resisting the Defendant by stating that the Defendant’s excessive (not less than 300cm in the blade length) which is a deadly weapon in the victim’s chest, and (c) “Induction of, and within, the amount of money.” (b) the Defendant B got the victim whose resistance is tensiond into the Twitter by opening the safe, thereby reducing the cash that was contained in the said safe.

As a result, the Defendants jointly adopted the amount of 276,00 won in cash owned by the victim with a deadly weapon.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Each investigation report (in-depth CCTV investigations, comparison between seized materials and CCTV for convenience stores);

1. Records of each seizure and photographs of each seized article;

1. Application of CCTV video-related Acts and subordinate statutes to crimes;

1. Articles 334 (2) and (1), and 333 of the Criminal Act: Defendants who choose the applicable laws and punishment for the crimes: Articles 334 (2) and (1), and 33 of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants of a suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “consumption for sentencing”)

1. The scope of punishment by law: Imprisonment of not less than two years and not more than 6 months but not more than 15 years; and

2. Scope of recommendations based on the sentencing guidelines: The Defendants’ respective types of robbery, general standards, types 2 (Special Robbery) (Special Robbery): Reduction element of punishment (the scope of recommendation area and recommendation area), mitigation area, reduction area of punishment, suspension of execution of imprisonment of not less than 2 years and 6 months and not more than 4 years (whether suspension of execution is suspended of execution of sentence): positive use of dangerous articles - positive use of dangerous articles - Reasons for general non-compliance of punishment - negative planned crimes - negative and planned crimes, evidence after crimes - positive reflections, and no more criminal records of suspended execution of sentence are found to have been committed;

3. Determination of sentence: The crimes of this case committed in two and half years of imprisonment by each of the Defendants and three years of suspended execution.