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(영문) 수원지방법원 안산지원 2014.10.08 2014고합278
특수강도
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 10, 2014, around 05:18, the Defendant: (a) was boarding a D-business taxi in the vicinity of the Mangsan-dong Yan-dong Yancheon-gu, Mangsan-si, Annyang-si, and was going to go to the luminous station; (b) was going to go to the E elementary school again in the luminous station; (c) was going to go to the E elementary school; and (d) was going to the front of the “G” station located in the luminous-si; (d) was in front of the “G” station in the luminous-si; (e) the knick, which is a deadly weapon in possession, was set off in the part of the victim; and (e) the knife stop; and (e) the knife was cut to the 170,000 won in cash from the victim.

The Defendant continued to drive the above knife on the side side of the victim, and had the victim about 50 minutes of the same day drive the above knife to drive the knife and drive the knife in light of light, from around 06:22 of the same day, and went away from the above knife without paying KRW 22,30,00 in front of the E elementary school.

As a result, the defendant forcibly took 170,000 won in cash of the victim through intimidation by carrying a deadly weapon and acquired pecuniary benefits equivalent to 22,300 won in taxi fees.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. Police seizure records;

4. Application of each statute of photography;

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;

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

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

4. Article 62-2 (1) of the Criminal Act of the Probation Order.

5. 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. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Field II (Special Robbery) of general standards;

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

3. Criteria for suspension of execution;

(a) The key reasons for the entry: (a) the positive factors: the penalty unafford (2) negative factors;

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