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(영문) 인천지방법원 2017.09.28 2017고합482
특수강도
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[In 2014, the Defendant had experienced economic difficulties, such as being subject to a decision to commence rehabilitation procedures in a court around the year 2014, and recently, the Defendant had been faced with the monthly rent in his place of residence and the amount of public charges to the extent of being unable to meet the demands by the lending company.

Accordingly, the Defendant had an industrial knife, which was in his house to temporarily solve the above living space, and had an mind to forcibly take money and valuables by threatening others in the knife and threatening others.

[2] On July 30, 2017, at around 17:15, the Defendant: (a) placed in front of the “D” convenience store located in the Namdong-gu Incheon Metropolitan City, Seoul; (b) placed in front of the “D” convenience store; and (c) entered the said convenience store to the victim E, who is an employee, who is mixed therein; and (d) went into the said convenience store; and (c) taken place in front of the industrial knife (15cm in total length) knife of the industrial knife

The victim threatened the victim with his knife by “the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife

They go back.

Accordingly, the defendant took the victim's property by threatening the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. On-site reports on results of field identification, investigation reports (fence of CCTV images at the time of committing a crime), investigation reports, and confirmation of fingerprints;

1. Application of the Acts and subordinate statutes to shooting CDs on the face of crimes;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

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

2. The sentencing criteria shall be set.

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