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(영문) 부산지방법원 2013.12.13 2013고합818
특수강도
Text

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

Reasons

Punishment of the crime

around 04:54 on October 17, 2013, the Defendant discovered that the victim E (the 19-year-old) who is an employee of the Defendant was married, and intruded into the convenience store with the intent of taking money and valuables, and took a deadly weapon in advance ( approximately 10cm in the blade length), and took a deadly weapon that he was in possession of the Defendant, thereby threatening the victim by means of shocking the victim’s resistance by suppressing the victim’s resistance, and putting about 300,000 won in cash and about 80,000 won in market value, which is the owner of the victim, into one cell phone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( considered favorable circumstances required for the following reasons for sentencing)

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 guidelines (determination of types of punishment), robbery, general standards, types 2 (Scope of Recommendation), basic areas (limited to three years of imprisonment or six years of imprisonment).

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months (general prisons), the factors to mitigate the sentence (aggravating crimes, serious reflective crimes);

4. The criteria for the suspension of execution: Pro negative (the use of dangerous articles) (the reason for the suspension of execution) (the reason for the suspension of execution is used) negative (the reason for the use of dangerous articles) (the reason for the suspension of execution shall not be recovered from damage), positive (the reason for the suspension of execution shall not be serious

5. There are extenuating circumstances, such as the fact that the defendant confessions the instant crime and reflects his mistake, that the defendant has no record of being sentenced to a fine or more severe punishment, that the defendant has committed the instant crime with no previous conviction, and that the defendant seems to have committed the instant crime in order to raise living expenses due to economic lack.

However, the crime of this case is the age of the defendant who is an employee of convenience store.

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