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(영문) 전주지방법원 군산지원 2017.11.23 2017고합144

특수강도

Text

A defendant 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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant got to enter the convenience store while he was coming to live and robbery due to approximately KRW 20 million, and entered the DNA convenience store around June 25, 2017, and entered the D convenience store in Ysan-si C around 03:42 on June 25, 2017.

Defendant 1 collected an industrial knife (24 cm in total length, 10 cm in length) from the above convenience store and paid 2,000 won to the victim E (20 cm in total) who is an employee of the convenience store in the knife, and purchased the knife.

In addition, the Defendant, as a deadly weapon, knife the knife knife of the above knife, was a deadly weapon victim, she called “no money exists...............................” her inside the knife knife, her knife the knife, and did not resist by threatening the victim as “as the knife knife knife,..................

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Evidence photographs (16-17th page of investigation records), CCTV-cape photographs (5-57th page of investigation records);

1. One CD (the 49-1 page of investigation records);

1. Application of Acts and subordinate statutes to investigative reports (referring to recording of statements of victims);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] types of robbery, general standards, and type 2 (Special Robbery): Reduction element: Reduction element of punishment [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. Sentence;