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(영문) 서울서부지방법원 2015.08.26 2015고합157
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On June 27, 2015, at around 07:48, the Defendant: (a) entered the E convenience store operated by the victim D (the age of 63) located in Yongsan-gu Seoul, Yongsan-gu; (b) putting two bottles in the cooling house, and accessed them as calculated by taking them back to the hand, and then, (c) the victim was able to wear the bottles of the shoulderer, which is a lethal weapon, in front of the victim’s protective order, followed the victim by threatening the victim into the seater, and by threatening the victim into the seater where the victim is carrying with a deadly weapon, and by threatening the victim’s resistance, 10,000 won in cash was deducted from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of convenience store-based video CD-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of recommendations [decision of types] the general criteria for the category 2 (Special Robbery) (the scope of recommendations and recommendations), the basic field (the scope of recommendations and recommendations), 3 years to 6 years; and

2. The crime of this case committed by the Defendant with a deadly weapon, thereby taking property by threatening the victim, and the nature of the crime is not good in that the victim was at risk of being injured during the process of shouldering the disease.

The defendant has been sentenced two times to the same crime or imprisonment with prison labor, and there are a number of records of criminal punishment.

The victim seems to have suffered considerable mental impulse due to the crime of this case, and accordingly, the victim is punished for the defendant.

However, the defendant is a know-how who committed the crime of this case in a contingent manner to drink the drinking, and there are some circumstances to consider the background of the crime.

The amount of damage is 10,000 won.

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