Text
A defendant shall be punished by imprisonment for three years.
The seized kitchen shall be accompanied by one kitchen (No. 1) and knife by one knife (No. 1).
Reasons
Punishment of the crime
피고인은 일정한 직업이나 재산 없이 지내던 중 생활비가 떨어지자 강도 범행을 통해 금원을 마련하기로 마음먹고 가방 안에 부엌칼을 넣고 안산시 단원 구 고잔동 일대를 돌아다니며 범행 대상을 물색하던 중, 2017. 8. 28. 02:35 경 안산시 단원구 C에 있는 D 편의점에 이르러 위 편의점이 으슥한 곳에 위치하고 있고 손님이 별로 없는 것을 확인하고 위 편의점 종업원을 상대로 금품을 강취하기로 결심하였다.
Defendant E (18) after producing drinking water at the above convenience store, Defendant E (hereinafter “Defendant E”);
Does we know about his her feste;
money in full;
“In the manner that the victim could not resist by threatening the victim in a way that the kitchen knife (31cm in total length, 19cm in length) which is a deadly weapon contained in the Defendant’s home, the victim took 16,000 won away from the victim, after the victim’s resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. CCTV-recording CDs;
1. Application of the police seizure protocol and the statutes on the list of seizure;
1. Relevant legal provisions of the Criminal Act and Articles 334(2), 334(1), and 333 of the Criminal Act, the choice of imprisonment with prison labor for the crime, and the choice of imprisonment with prison labor for the limited term;
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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. The scope of applicable sentences under Acts: Imprisonment for not less than two years and six months to 15 years; and
2. The scope of the recommended punishment according to the sentencing criteria [the type of robbery].
1. The general standard that there is no type 2 (Crimes of Special Robbery) [the scope of recommended punishment] 3 years to 6 years (the basic area).
3. The crime of this case in which the defendant had a deadly weapon at night, and the victim was in active service, and the crime of this case in which the victim took custody of the deadly weapon, and the victim took the victim's money and valuables by threatening, is not easy to commit the crime.