logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.11.28 2013고합168
특수강도
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2008, the Defendant was sentenced to imprisonment with prison labor for robbery and injury at the Jeonju District Court for three years and six months, and was released on October 28, 201 and the remaining term of punishment was expired on May 23, 201.

【Criminal Facts】

When the Defendant lost all difficult money while working on the Internet due to gambling, he was willing to take money and valuables at the convenience store.

On August 13, 2013, at around 04:05, the Defendant: (a) 13, 04:05, the Defendant: (b) carried a deadly weapon (15cm in length, 10cm in length, knife length, 10cm in length) that he had prepared in advance to the victim E (21) who is an employee of the convenience store; (c) took a deadly weapon (15cm in length, knife length) with a deadly weapon (10cm in length) that he had been in possession of in advance at the convenience store near the front-time viewing of the front-time viewing in the front-time Seoul Metropolitan City.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Each internal investigation report and investigation report;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (the fact that they are repeated crimes under the Act on Special Cases concerning the Punishment of Specific violent Crimes);

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

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 applicable sentences by law: Imprisonment for not less than five years nor more than twenty-five years;

2. The scope of recommendations on the sentencing guidelines [the determination of types] the scope of recommendations on the sentencing guidelines [the scope of recommendations] the category of robbery crimes, general standards, and type 2 (Special Robbery) [the scope of recommendations] imprisonment for four years and six months to nine years (the scope of modified recommendations] [the scope of modified recommendations] are inconsistent with the scope of applicable sentences according to statutory aggravated and mitigation, law.

arrow