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(영문) 서울남부지방법원 2013.12.06 2013고합459
특수강도
Text

A 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 June 2013, the Defendant: (a) while living alone at the Seocho-si, Seoul and living alone; (b) brought a knife with a low cost of living; (c) brought to the convenience store; (d) brought the victim E (the aged 49) to the “D convenience store” located in Yeongdeungpo-gu Seoul, Seoul; and (d) requested the victim E (the aged 49) to give a horse on October 8, 2013; and (c) brought the victim E (the aged 49) to go to the “D convenience store; and (d) brought the victim into the “D convenience store” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (e) made the victim’s knife the knife, knife the knife into the body of the victim; and (e) prevented the victim from resisting the knife, stating that the knife is “in the body of the victim,” and carried out KRW 359

Accordingly, the defendant took the property of others by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Protocols of seizure and list of seizure (Evidence Nos. 3 and 4 of evidence);

1. Application of the Acts and subordinate statutes to CCTV reproductions (Evidence No. 15) on the part of convenience stores;

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;

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

3. Article 62 (1) of the Criminal Act;

4. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standard of robbery (type 2): Special robbery (type 2): Reduction element of punishment [the scope of recommending punishment] 2 years and 6 months to 4 years (the scope of recommending punishment] mitigation element : Living type crime, serious reflector, and there is no record of criminal punishment (whether suspended sentence is suspended or not): positive use of dangerous articles - positive use of dangerous articles - lack of punishment, general witness who has no record of criminal punishment: positive reflectness - suspended sentence, and suspended sentence.

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