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(영문) 대전지방법원 2019.08.29 2019고합116
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

Criminal facts

In order to raise the living expenses, the defendant saw an unspecified person who walks on the way with excessive threat, and received money and valuables.

On April 11, 2019, at around C Hospital located in Seo-gu, Daejeon on April 201, the Defendant discovered the victim D (n, 19 years of age) at the front of the C Hospital located in Seo-gu, Daejeon, and took the victim’s neck back to his hand with a deadly weapon (20.5cm in total length, 9cm in length) that he was in possession of the victim’s neck as a result of his left arms, and taken the victim’s neck back to his knick hand, her knife in front of the victim’s knife, and her knife in front of the victim’s knife in order to prevent the victim from resisting., the Defendant took the victim’s knife of cash 25,000 and one knife containing three knife cards.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation, a report on seizure, and a list of seizure;

1. Application of Acts and subordinate statutes to field photographs, CCTV images, damaged photographs, seized articles and photographs;

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act applicable to the relevant criminal facts and the option of punishment;

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. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 15 years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standards for robbery crimes: There is no special robbery (the scope of recommended fields and recommended sentences] of types 2 and no special robbery (the scope of recommended sentences) (the scope of recommended fields and recommended sentences). The basic area of imprisonment with labor for not less than 3 years

3. Determination of sentence: Imprisonment with prison labor for two years and six months, and three years of suspended execution, the defendant forcibly taken property by threatening a female female victim, who is a deadly weapon.

In light of the background, means, and consequences of the crime, the quality of the crime is not good.

Mental suffering is very high for victims.

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