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(영문) 서울동부지방법원 2014.05.23 2014고합109
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

On April 5, 2014, at around 06:14, the Defendant, in the “E convenience store,” prepared in advance by the victim D (n, 51 years of age) in Gwangjin-gu Seoul Special Metropolitan City, took a kitchen, which is a deadly weapon, against the victim, and threatened the victim with the kitchen, which is a deadly weapon (knife length 20 cm, No. 5) by threatening the victim to “Is the victim, as soon as possible.” In addition, the Defendant: (a) prevented the victim from resisting; and (b) took 720,000 won in cash in the following simplified safe:

Accordingly, the defendant took the property while carrying a deadly weapon.

In the facts charged, the victim operates the above convenience point, and the cash taken by the defendant is also owned by the victim. However, according to the evidence, the victim is recognized as a simple employee of the above convenience point (six pages of investigation record, etc.) and there is no concern that there is a substantial disadvantage to the defendant's exercise of his right to defense. Thus, the facts charged

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV photographs;

1. Application of each existing Act and subordinate statute of the Bank of Korea issued 10,000 won (No. 1), 1,000 won (No. 2), 1,000 won (No. 3), 1 verification color mix (No. 4), 1 verification color mix (No. 4), and 1 kitchen mix (No. 5);

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. Article 62 (1) 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. Persons who are not subject to the punishment (special mitigation) in the mitigated area (two and a half years from June to four years) (special mitigation persons) of category 2 (special robbery) and the general criteria for the sentencing criteria;

2. In this case, the decision of sentence shall be made by the defendant entering the convenience store in which the victim who is female has been married, and a kitchen, which is a deadly weapon, the victim.

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