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(영문) 수원지방법원 안산지원 2013.04.12 2013고합40
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 January 22, 2013, the Defendant: (a) invadedd the convenience store C by pretending to enter the customer; (b) purchased the instant World Cup; and (c) took advantage of the knife knife knife knife knife, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Protocols of seizure, list of seized articles, and photographs thereof;

1. On-site photographs, reports on the results of field identification, CCTV photographs, E tenants contracts, investigation reports (victimD investigations), and application of Acts and subordinate statutes to investigation reports (on-site video verification reports), and investigation reports;

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 consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

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

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), the robbery group, the Class II (Special Robbery) mitigated elements among general standards: The area of mitigated punishment (the scope of recommending punishment): Imprisonment with prison labor for not less than two years and six months to four years;

3. The crime of this case by which the Defendant committed the crime of this case, which committed the crime of taking the cash by force after suppressing the victim’s resistance that the Defendant had served in a convenience store using a deadly weapon, and committed the crime against the employee who was married at a convenience store using a knife of about 30 cm in total length.

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