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(영문) 수원지방법원 평택지원 2015.05.13 2015고합38
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

Punishment of the crime

On April 3, 2015, at around 01:15, the Defendant: (a) took a dangerous object and took a 250,000 won in cash owned by the victim F (the age of 47) by threatening the victim E (the age of 46), a dangerous object prepared after the victim E (the age of 46), in his/her hand, to resist by threatening the victim E (the age of 10cm), and by threatening the victim E (the length of 10,000) to remove money; and (b) took a b.57,00 won in cash owned by the victim F (the age of 47).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each statement of the police officer E and F in the statement;

1. Entry of the police record of seizure;

1. Application of each of the statutes in relation to the field photographs (Evidence No. 16 pages), CCTV photographs (Evidence No. 17-24 pages), CCTV photographs (Evidence Records No. 25, 26 pages) of buildings in a cafeteria, and photographs of seized articles (Evidence Records No. 111 pages)

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. 【The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of the punishment under law] 2 years and 6 months to 15 years (limited to the case of discretionary mitigation) of imprisonment / [decision of a sentence] robbery, general standards, type 2 (Special Robbery) / [Special Robbery] mitigation element - Reduction element - Reduction element - Reduction element - planned crime - Reduction element - planned crime - Reduction element - Reduction element : Living type - serious half [Scope of Recommendation] mitigation range : Imprisonment 2 years and 6 months to 4 years [Prohibition of Suspension of Execution] - The main reason for the punishment is dangerous.

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