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(영문) 제주지방법원 2014.04.24 2014고합27
특수강도
Text

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

Criminal facts

The Defendant, while working in a fish farm, had the victim C (the age of 58) enter the D, operated by the victim C, with intent to deduct money to the extent that he/she could not be able to do so. On January 30, 2014, at around 16:20, the Defendant took a deadly weapon knife (the total length of 19cc, the knife length of 8cc, the knife of 8cc, and the knife No. 1) with a deadly weapon knife in which he/she was in possession of the victim, and she took the cash 6,000 won owned by the victim on the floor of the Defendant to the extent that he/she was unable to resist the victim by intimidationing the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes of seizure records, list of seizure and evidence;

1. Article 33 of the relevant Act and Articles 334 (2) and (1), and 333 of the Selective Act concerning the facts constituting an offense;

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing).

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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

2. Application of the sentencing guidelines [Determination of types] Special robbery (Type 2) [Special Robbery 2] Reduction element - Non-Mitigation of Punishment [Determination of the recommended field] Reduction element / [Scope of Recommendation] Reduction element / [General Convict] Reduction element - Living type crime, serious reflector [whether or not a suspended sentence is suspended] - Major reasons for the use of dangerous articles - The main reasons for the use of dangerous articles (including a serious effort for the recovery of damage) - The reason for general participation (including a serious effort for the recovery of damage), serious reflector, suspension of execution or above.

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