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(영문) 부산지방법원 2013.07.26 2013고합417
특수강도
Text

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

Reasons

Punishment of the crime

At around 01:10 on April 18, 2005, the Defendant opened the entrance door of the merchandise coupon exchange center in the name of “L” operated by the victim K (W, L, 32 years of age) in the jurisdiction of the Busan East-gu, Busan-gu, and opened the merchandise coupon exchange room in order to make up for the calculation unit, and put about about 650,000 won in cash at that place, which is a deadly weapon prepared in advance for the victim ( approximately 10cm in the blade length) and forced the victim to suppress the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of K;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure and photographs of seized articles;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( considered favorable circumstances required for the following reasons for sentencing)

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to seven years;

2. Scope of recommended sentences according to the sentencing guidelines (determination of types), robbery, general standards, special robbery (Scope of recommended sentences), basic areas (one year to six years of imprisonment).

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months (general persons who are punished by imprisonment), the factors to reduce the sentence (a serious reflect);

4. The criteria for the suspension of execution: Pro negative (the use of dangerous articles) (the reason for the suspension of execution) (the reason for the suspension of execution is used) negative (the reason for the use of dangerous articles) (the reason for the suspension of execution shall not be recovered from damage), positive (the reason for the suspension of execution shall not be serious

5. The reason for sentencing lies in a favorable condition that the Defendant led to the confession of the instant crime and reflects his mistake, and that the Defendant did not have any same criminal history and was sentenced to a final and conclusive sentence. However, the Defendant committed the instant crime for the purpose of preparing funds for gambling again, in light of the circumstances leading up to the instant crime, the time and place of the crime, the instrument of the crime, etc., and the risk is large and the victim’s mental impulses.

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