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(영문) 수원지방법원 2013.10.10 2013고합556
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 10:03 on August 9, 2013, the Defendant entered the Empt operated by the victim D (n, 57 years of age) in Suwon-si C, and added one can caner and caner, as a result of the calculation, requested the victim to take tobacco 1 wres, and made it impossible for the victim to resist the victim by threatening the victim to “I would like to receive money” as a deadly weapon in advance (27cm in total length) with a deadly weapon in possession of the victim, and by threatening the victim to “I would like to receive money, I would like to take off one caner and caner amounting to 1,700 won at the market price and one cigarette amounting to 2,700 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

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

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 (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Scope of sentence according to the sentencing guidelines (decision of type), group of robbery, general criteria, type 2 (Special Robbery) (Special Robbery): None of the following factors: Imprisonment with prison labor for a period of three to six years (basic area): Where the person intends to take money or valuables in a minor amount;

3. The crime of this case committed by the Defendant on the sentence of punishment is the taking of property by threatening the Defendant to mar a woman who is a marbly victimized female with a heavy mar, and the crime of this case cannot be deemed to be less light of the quality of the crime by having an interview and danger under the Act on the Acceptance of Crimes.

In this case, the victim seems to have suffered a considerable mental impulse, and considering this point, the defendant is strict.

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