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(영문) 전주지방법원 군산지원 2017.09.21 2017고합116
특수강도
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal history] On February 5, 2016, the Defendant was sentenced to one year and six months of imprisonment for special larceny, etc. in the Daejeon District Court’s astronomical Branch on February 5, 2016, and completed the execution of the sentence in the former prison on June 10, 2017.

[2] On July 31, 2017, at around 11:00, the Defendant: (a) threatened the victim D (the 56-year-old age), who is a deadly weapon in advance, with the victim’s item; (b) threatened the victim with the victim’s knife (the 38cm in total length, the 24cm in length) who is a deadly weapon in advance, with the victim’s knife in the victim’s item; and (c) took 473,000 won from cash after the victim’s failure to resist; and (d) took 473,000 won from the victim’s cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation reports (on-site chief executive officers, acquisition of suspects, unfashion of damaged articles, seizure of deadly weapons), investigation reports (including statements of victims and reference witnesses), and investigation reports at convenience stores (investigation of CCTVs at convenience stores);

1. On-site, photographs, etc. of deadly weapons, CCTV photographs of convenience stores, and photographs prescribed in subparagraph 1 of the same Article;

1. Statement video CDs and CCTV images of convenience stores;

1. Previous convictions in the judgment: Report on confirmation of each release from office, inquiry about criminal history, and application of statutes;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment: Imprisonment with prison labor for up to two years from June to up to 25 years;

2. Scope of recommended punishment according to the sentencing guidelines [type of crime] robbery, general standards, Type 2 (Special Robbery) increased or mitigated (person subject to special sentencing]: None of the basic areas of punishment [Scope of recommended punishment]: Three years to six years.

3. Determination of sentence: Imprisonment with prison labor for a period of three years: The crime of this case is to take custody of cash after suppressing the victim's resistance by threatening the victim's knife and threatening the victim's knife, an employee working at the convenience store. The risk of the crime is the method, object, and the instrument of the crime.

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