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(영문) 창원지방법원 2019.05.30 2019고합39
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

One shot-blade (the total length: 28 cm, the blade length: 15 cm) seized.

Reasons

Punishment of the crime

Around 14:00 on January 20, 2019, the Defendant entered the “C Convenience Points” located at the window B of Changwon-si, Changwon-si, and made preparations in advance to the victim D (the age of 40) who is an employee, and took a knife (one name: 28cm in length, 28cm in length, 15cm in length) with a lethal weapon, which is a deadly weapon, and made up in advance, “no money exists, and double the amount.” Since it is difficult for the Defendant to commit a crime committed inside the knife. knife, it means that the victim’s rebuttals the victim’s resistance, and then deducted the victim’s cash of 50,000 won, which the victim kept in his/her bank at his/her place, together with a seed of 9,000 won at the market price of 9,000 won, which was put on the account of his/her internal and accounting.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on damage;

1. 12reported report/12 report image and investigation report after closure of each 112 report/report (a photographic image at the time of arrest of the suspect);

1. Provisions of Acts and subordinate statutes concerning the records of seizure, the list of seizure, and the application of photographs;

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. The scope of punishment by law: Imprisonment for not less than two years and six months - 15 years;

2. The scope of recommended sentences according to the sentencing guidelines (decision of types) [the scope of recommendations] that there is no type 2 (Special Robbery) (the scope of recommendations), 3 years (basic area) and 6 years (basic area).

3. According to the sentencing criteria, the sentencing criteria should be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, etc.

A favorable normal condition: The defendant is recognized to have wrong and is against the defendant.

The defendant acquired through the crime of this case.

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