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(영문) 청주지방법원 2013.04.25 2012고합399
특수강도
Text

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

However, it is against the Defendants for 4 years from the date of the final judgment.

Reasons

Punishment of the crime

After the Defendants met and become aware at the drinking house, the lack of entertainment expenses has come to be raised due to the lack of convenience, and accordingly, the Defendants purchased and possess excessive, gark, and locks to be used for the commission of the crime, followed by taking off the G low-priced vehicle operated by Defendant D, and black the object of the commission of the crime.

At around 05:10 on December 8, 2012, the Defendants: (a) 05:10 on the “J convenience store” operated by the Victim I located in Heungdong-gu, Cheongju-gu; (b) the Defendants waiting to stop the vehicle after leaving the vehicle, and entered the vehicle as the convenience store in the vehicle while wearing the make, lock, etc. prepared; and (c) Defendant A, who is an employee of the above convenience store in the Kabrter, took the above excessive (10cm in length) as a deadly weapon against the Victim K (18 years old), who is an employee of the above convenience store in the Kabrter, forced the Victim K to 151,00 won in cash; and (d) Defendant C took the amount of KRW 100 in tobacco equivalent to the total market value of KRW 27,000 in the aggregate.

As a result, the Defendants took a dangerous weapon jointly and took the victim K with property equivalent to the sum of 178,000 won owned by the victim I.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K and I;

1. Photographs and photographs at the time of committing the crime;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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 for a suspended sentence (the following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

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. Defendant A and B: Basic area, imprisonment for not less than three years, and six years.

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