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(영문) 인천지방법원 2012.12.26 2012고합1199

특수강도

Text

A defendant shall be punished by imprisonment for three years.

One knife (No. 1) and one hat (No. 2) shall be from the defendant.

Reasons

Punishment of the crime

Around 02:05 on April 17, 2012, the Defendant discovered that the Victim D (Woo, 20 years of age) who is an employee of women is working in Socheon-gu C convenience store in Socheon-gu, So-gu, So-called So-called So-called So-called So-called the Defendant’s face, worn a ringk (Evidence 2) and Makek in order to prevent identification of the Defendant’s face, and entered the said convenience store by pretending the Defendant as a customer into the said convenience store. On the other hand, the Defendant: (a) threatened the victim with a deadly weapon, which is a deadly weapon prepared for the victim; (b) 32 cm in length; (c) 20 cm in length; and (d) 400,000 won in cash, which is a deadly weapon prepared for the victim; and (c) took the victim’s resistance by threatening

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Records of seizure, list of seizure and photographs of articles seized;

1. Application of the Acts and subordinate statutes to photographs of CCTV screen pictures of suspects;

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 333 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of applicable sentences] : imprisonment from 2 years and 6 months to 15 years [the scope of recommended sentences] imprisonment from 3 years to 6 years: Imprisonment: Imprisonment with prison labor from 3 years to 6 years; imprisonment with prison labor in the field of robbery, special robbery, and basic area [the decision of sentence] three years to 3 years is against his mistake; damage amount is not significant in favor of the defendant.

However, in light of the fact that the crime of this case was committed by a female employee in the middle of the convenience store where the female employee was in active service and threatened the victim with a deadly weapon and took money and valuables by force, and the nature of the crime is not weak in light of the method and time of the crime, and the damage was not recovered, it is inevitable to sentence the defendant as a sentence.

Other records of this case, such as the defendant's age, character and conduct, family environment, motive, result, and circumstances after the crime.