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(영문) 인천지방법원 2017.06.22 2017고합181
특수강도
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2017, at around 03:00, the defendant's mother, in the Nam-gu Incheon Metropolitan City D, had a horse dispute with E and drinking while drinking alcohol at his house, with the mind that money is necessary to take money and valuables at the nearby convenience store, and the defendant put a kitchen, which is a deadly weapon in the kitchen, in the place of the kitchen, into a kitchen, and 10m of the kitchen (No. 1, total length of 31cm, 19cm per day) and went out of the house.

On March 30, 2017, the Defendant shall enter into G convenience stores located in the same Gu F on March 30, 2017, and take the kitchen strings in front of the entrance, and then take the kitchen strings in his own way.

Now, the victim C (n, 22 years of age) who is an employee has the knife to the end of the knife and have the knife "en in whole."

“To the extent that the victim could not resist against the victim by intimidation, 70,000 won in cash, which was kept in his/her custody, has been deducted from the victim.”

Accordingly, the defendant took property from the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment of CCTV images at the time of committing a crime);

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] that there is no type 2 (Special Robbery) (the area of recommendation and the scope of the recommended punishment], the basic area of the punishment, 3 years to 6 years.

3. Determination of sentence: Imprisonment with prison labor for a period of four years; and

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