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(영문) 대구지방법원 김천지원 2015.09.15 2015고합93
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

At around 04:10 on July 18, 2015, the Defendant: (a) entered the convenience store for the operation of the victim D in Gumi-si, Gumi-si (24 years of age); (b) took a lethal weapon for the victim F (50m in the blade length) and threatened the victim F to “to open, cut off, and cut off the money,” thereby suppressing the victim F’s resistance; and (c) took a 225,000 won in cash owned by D, where the F was located in the said location, and 18,000 tobacco equivalent to 18,000 won in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A written statement of F and D;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes to a report on the occurrence of robbery, report on the robbery of convenience stores (2 reports), internal investigation reports (a report on the detection of a suspect's escape route and the capture of CCTV images, attachment of seized objects photographs, attachment of photographs by cutting off a suspect's CCTV course, attachment of clothes and caps he/she sustained at the time of committing a crime, attachment of clothes and caps taken by the suspect at the time of committing a crime, attachment of on-the-spot photographs, attachment of on-site inspection photographs, and attachment of a blade length);

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 consideration shall be made again for the reason of sentencing);

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is committed by the defendant's act of taking money and valuables by threatening his employee by entering a convenience store in which his personnel is mixed at a new wall time. In light of the contents of the crime and the method of the crime, the crime of this case is highly serious, in light of the nature of the crime and the method of the crime, and the defendant prepared in advance the knife and knife, knife, knife, knife, knife, knife, etc. immediately after

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