(영문) 서울중앙지방법원 2014.3.21. 선고 2014고합54 판결

4. As seized Mack (No. 1), mack (No. 2), son-and-child (No. 3, 11, and 12), 3 stock farms (No. 4, 13), 2 metrts, 2 metrts (No. 5, 6), 1 punishment (No. 7), 1 ton, 8 (No. 9), 1 ton, 1 ton (No. 10), and 1 ton (No. 10) shall be forfeited from the defendant.

Reasons

Criminal History Office

The Defendant was willing to collect money from the employees who marries in late night at the convenience store located in a rare place due to credit disputes, etc.

1. Special robbery;

On December 29, 2013, around 04:21, 2013, the Defendant sent clothes prepared in advance to wear when committing a crime in the 3rd floor of the shopping complex C2 complex, Gwanak-gu, Seoul Special Metropolitan City D convenience store, worn a cap and mast, put the face into the kitchen, put the kitchen, and entered the said convenience store. At this time, the Defendant: (a) the victim E, an employee E, who enters the kitchen in the warehouse, has the kitchen, take the kitchen in the house in the warehouse, let the victim take the kitchen in the house, and let the knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

Accordingly, the defendant forcibly took 560,000 won from the victim by threatening by carrying a deadly weapon.

2. Attempted special robbery;

On January 6, 2014, at around 05:09, the Defendant got 05:09, in front of the convenience store indicated in paragraph (1), and entered the above convenience store by using the method, such as Paragraph (1), with the mind of taking the money and valuables in his hand, and was waiting for the victim E, who was arranging goods at the bed sales zone, and was waiting for the victim. However, the victim was aware of the Defendant, and the Defendant escaped rapidly through the entrance, and the Defendant was frightened to commit a frighten crime, and then the Defendant went away from the above convenience store.

Accordingly, the defendant, carrying a deadly weapon and thereby, did not go through the withdrawal of money from the victim by intimidation, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Each investigation report (the suspect's happiness tracking, the confirmation of CCTV at the scene of occurrence, and the verification of CCTV image data in front of the 101 suspender of a building C and documents attached thereto when the first crime is committed);

1. Each protocol of seizure and the list of seizure;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Special robbery: Articles 334(2) and (1), and 333 of the Criminal Act (Selection of Imprisonment with prison labor)

○ Violation of Special Robbery: Articles 342, 334(2) and (1), and 333 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Special Robbery, which is heavier than Robbery)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent consideration of favorable circumstances among the reasons for sentencing below)

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

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

(a) Crimes of special robbery;

(i) Determination of type: robbery, general criteria, special robbery;

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

(iii) Determination of the recommended territory: Reduction territory;

4) Scope of recommendations: Imprisonment for 2 years and 6 months to 4 years;

(b) Imprisonment with prison labor for at least two years and six months for which the standards for handling multiple crimes are applied ( compliance with the lowest limit of the recommended punishment for the crimes of special robbery as the crimes of special robbery and attempted special robbery for which no guidelines are set for sentencing have been set).

2. Determination of sentence;

Each of the crimes of this case shall be considered as disadvantageous to the defendant, taking into account the following circumstances: (a) the Defendant committed each of the crimes of this case, such as: (b) the Defendant’s act of committing each of the crimes of this case, such as: (c) the Defendant, prior to each of the crimes of this case, preparing a tool to commit any of the crimes of this case; and (d) formulating a plan to prevent escape and the commission of any of the crimes; (b) the victim does not want the punishment of the Defendant; (c) the victim is the first offender; (d) the Defendant is the first offender; and (d) the family members of the Defendant actively leading the Defendant; and (e) the Defendant is likely to improve in the future.

The punishment shall be determined in consideration of all the circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, and motive of crime of the defendant.