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(영문) 의정부지방법원 2013.07.17 2013고합217
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 03:53 on May 18, 2013, the Defendant: (a) opened a cash 200,000 won in cash managed by the victim of D (the age of 19) located in Yangyang-si, Namyang-si, with the face of a wood and hat, taken a knife knife (No. 1) of a deadly weapon to the victim who was in the calculation unit, and took the knife of a deadly weapon (the knife No. 1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A statement prepared by the F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to CCTV photographs;

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. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. 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 guidelines [type of crime] Robbery, general standards, and Type 2 (Special Robbery) (Special Robbery) (Special Aggravation) no person (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Discretionary Decision on the recommended area] mitigated area (band June 2 to 4 years), (Aggravated Punishment) planned crimes (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment);

3. Whether or not the suspension of execution [the main reason for the suspension of execution] (the main reason for the suspension of execution) the use of dangerous goods (the positive factor), the penalty (including the serious effort for the recovery of damage) (the reason for the suspension of execution), the reason for the suspension of execution] (the reason for the suspension of execution), and there is no criminal record of not less than the serious reflection of the crime (the positive factor),

4. Determination of sentence: The fact that the defendant has led to confession of the facts constituting the crime of this case and stated that his mistake has been repented in the circumstances favorable to the defendant as shown in the argument of this case.

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