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(영문) 대전지방법원 공주지원 2016.03.30 2016고합4
특수강도
Text

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1) seized and one white cap (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

The Defendant saw a knife and knife the convenience store to force the payment of money and valuables. On January 1, 2016, on the face of 18:48 around 1, 2016, the Defendant carried the knife and knife his knife and knife his knife and knife his mother and knife

After the defendant confirmed that there is no other person in the above convenience store store, the defendant Eul, an employee in the calculation team (n, 51 years of age), produces a deadly weapon for the use of excessive amount ( approximately 23.5 cm in total length, approximately 12.5 cm in length, approximately 12.5 cm in length) to the victim E, who is an employee in the calculation team.

“Intimidating “,” and received approximately KRW 600,000 in cash in the depository of the convenience store from the person suffering from fluent damage.

Accordingly, the defendant took the victim's property by intimidation by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Seizure records;

1. A criminal investigation report (to attach CCTV photographs to crime scenes);

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The sentencing criteria set forth in the scope of the recommended punishment [the scope of the recommended punishment] shall be the basic area (three to six years) (the general sentencing person) of the two types (three to six years): The mitigated element of the sentencing; the person has no serious reflectivity, or any criminal record of not less than a stay of execution, in the event that the person has expressed his/her intent to forcibly take money or goods in a minor amount.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for three years is heavier than imprisonment by taking the knife and taking money from the injured party.

However, the defendant seems to have committed the crime of this case in a state of economic difficulty, and reflects his mistake and repeats the crime.

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