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(영문) 수원지방법원 안산지원 2014.04.04 2014고합8
특수강도
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 20, 2013, around 04:18, the Defendant: (a) confirmed that the victim F (20 years of age) who is an employee was able to work together; (b) entered the convenience store; (c) made it possible for F to resist by stating that he was a deadly weapon (17.5cm in blade length) in advance; and (d) made it impossible for F to resist by stating that he was a deadly weapon in preparation in advance, “inward tax base,” and then deducted KRW 174,000 in cash owned by D in the credit cooperative of the calculation unit.

Accordingly, the defendant forcibly taken another's property by threatening by carrying a deadly weapon.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

2. Statement made by the police of the F;

3. Police seizure records;

4. Application of each statute of photography;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Probation order under Article 62-2 of the Criminal Act.

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

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Field II (Special Robbery) of general standards;

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

3. Criteria for suspension of execution;

(a) The major reasons for the entry: (a) the positive factors: the use of dangerous articles; (b) the penalty not being imposed; or

(b) Reasons for general participation: (a) There is no criminal record of not less than a stay of execution; (b) serious reflective / social ties clearly negative : A planned crime.

4. The crime of this case by which the defendant, in color of the employee's convenience point, concealed the food knife, which is a deadly weapon, and taken a masck face into the bank, and forcibly taken money by threatening the employee by taking the knife the knife with the knife and threatening the employee, the method of crime is planned and sealed, and the risk of committing the crime is also likely.

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