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(영문) 수원지방법원 평택지원 2013.09.11 2013고합95
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) had a pressure on the repayment of interest, etc., of private financial loans of KRW 20 million and had his personal interest infringed on a drone convenience store to take cash, etc.; and (b) had the face of an “D convenience store” located in Ansan-si; (c) on July 14, 2013, at around 05:20, the Defendant opened a cash register with the face of an inner gark (No. 8) and a mother and child (No. 10) prepared in advance before the entrance, and added a pipe to the above convenience store; (d) had the face of a deadly weapon (No. 11 cm in length on a day, No. 7) and displayed it to the above convenience store; and (e) opened the cash register with the victim E (21 years and No. 300) who is an employee, “I will not easily harm the victim’s horse,” and (e) opened the cash register with the victim’s “I will not see it without the victim’s death.” (e.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of the scene pictures of robbery;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommendations on the sentencing criteria: Scope of recommendations [decision of types] for robbery crimes, general standards, special robbery [special persons] mitigated element - mitigated element of punishment [general person] mitigated element of punishment (general person] - the aggravated element of simple carrying of lethal weapons and no record of criminal punishment - planned crimes [Scope of recommendations] imprisonment from 2 years and 6 months to 4 years ( mitigated range).

3. As to the crime of this case, the defendant entered the convenience store where female victims work together on the new wall and threatened the victim with excessive money and valuables.

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