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(영문) 부산지방법원 2019.05.31 2019고합98
특수강도
Text

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

Seized evidence Nos. 1, 2, and 4 shall be confiscated from the accused.

Reasons

Criminal facts

On March 3, 2019, at around 05:50, the Defendant entered the convenience store operated by the victim C in Geumdong-gu, Busan, and ordered the victim E (the 59 years of age) (the 4,500 won of the victim C’s market price) to take one cigarette of the “qrwon” amounting to the 4,500 won of the victim’s market price. On March 3, 2019, the Defendant got off the knife, which was a deadly weapon, used for the Defendant’s Hen dancing, from the knife, made the Defendant’s knife and knife the knife, which was 10 meters of the knife’s knife at the newspaper, and sent off the victim E with approximately 10 seconds of the knife, and got off the victim E by threatening it.

Accordingly, the defendant took a deadly weapon and took the victim C's property by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Photographs of articles seized at the site of emergency arrest;

1. Photographs of the suspect's face to commit the crime;

1. Application of Acts and subordinate statutes to an investigation situation report;

1. Article 334 (2) and (1) of the Criminal Act and Articles 334 (1) and 333 of the Criminal Act concerning the applicable criminal facts, the choice of limited 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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general criteria [Type 2] the special robbery [the scope of recommended fields and the scope of recommended sentences], the basic field of punishment (the scope of recommended fields and recommended sentences], three years to six years.

3. The crime of determining sentence is committed by the defendant, who is the most likely to be a customer and a convenience store, and shows the number of knife, which is a dangerous weapon, to the employee, and in particular, the defendant got to commit the crime after checking the mixed female employees at the time. In light of the fact that the defendant was carrying the knife and knife in order to cover face, etc.

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