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(영문) 대구지방법원 서부지원 2014.05.15 2014고합27
특수강도
Text

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On November 2013, 2013, the Defendant left convenience stores to raise 2.5 million won of the money for accommodation expenses, PC bank expenses, etc., which had been going to Daegu after closing his work from Busan to Busan. In order to raise the living expenses of the PC, the Defendant raised the money from the convenience stores to take off the property.

On February 10, 2014, around 01:50, the Defendant, within the D convenience point located in the Daegu Seo-gu, Seogu, Daegu, 2014. The Defendant, as calculated, got off the victim E (20 years of age), who is an employee of the said D convenience store, a deadly weapons, used to cover the excessive amount of money (1.5 cm length) (11.5 cm in the blade length) to the Defendant, and took off the Defendant’s money from the victim after preventing the victim from resisting.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Existing one (No. 1) that has been seized;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (aging of a type), robbery, general standards, type 2 (Determination of the recommended field), basic area (a decision on the recommended field) (a decision on the recommended field) shall be punished by imprisonment for not less than three years but not more than six years;

3. In light of the fact that the defendant was sentenced to a deadly weapon and forcibly takes the property of the victim, and that the nature of the crime is not less than that of the victim, and that the defendant did not receive any tolerance from the victim, it is reasonable to strictly punish the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant does not have any property profit from the crime of this case, that the defendant acknowledges and reflects his mistake, and that there is no record of criminal punishment against the defendant.

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