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(영문) 광주지방법원 2015.08.21 2015고합211

특수강도

Text

A defendant shall be punished by imprisonment for three years.

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

On June 16, 2015, at around 02:18, the Defendant shown the knife (blade length: 8.5cm, total length: 24.5cm, and No. 1) that is a deadly weapon in D convenience store located in Young-gun C, Young-gu, Yongnam-gun, to the victim E (the knife, 20 years old), who is an employee, of which he had been prepared in advance, and carried out the knife by cutting the arms of the victim so that the victim would not escape, and carried out the knife by taking the knife back of all the money of the knife., “I will take off all the money of the knife, I will take off.” After suppressing the victim’s resistance, the Defendant took out 36,000 won from the kn

Accordingly, the Defendant took a deadly weapon with the victim's resistance, and forcibly took 36,00 won in cash after suppressing the victim's resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of seizure records and list statutes;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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 Criminal Act;

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

2. Type II (Determination of the recommended field) (Decision on Special Robbery), basic area (Decision on the recommended area), which applies the sentencing criteria (decision on the types of punishment) (decision on the recommended area), from 3 years to 6 years.

3. The crime of this case, which was determined to be sentenced, is deemed to have been committed while in possession of a knife, which is a deadly weapon. However, the risk of the crime is relatively minor; the defendant has no criminal record after being punished by a fine (200,00 won) due to the violation of the Punishment of Violences, etc. Act around 193; the confession and reflect of the crime; the defendant's age, character and conduct; the motive, background, and circumstances after the crime are included in all the sentencing conditions.