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(영문) 서울동부지방법원 2019.02.01 2018고합281
특수강도
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2015, the Defendant was sentenced to imprisonment with prison labor for special robbery, etc. at the Jung-gu District Court on July 24, 2018 and completed the execution of the sentence.

【Criminal Facts】

1. On September 27, 2018, at the convenience store B located in Gangdong-gu Seoul Metropolitan Government on September 23:29, 2018, the Defendant: (a) confirmed that the victim D (the victim) who is an employee is working for the convenience store B located in Gangdong-gu Seoul Metropolitan Government is working for the married person; (b) prepared in advance to have the victim take up the excessive amount of 20 centimeters in length, and let the victim open the safe; and (c) taken out cash KRW 3.60,000 in the safe.

Accordingly, the defendant took the property of others by carrying a deadly weapon.

2. On September 28, 2018, around 23:36, the Defendant confirmed that the Victim G (18 years of age) who is an employee at the F convenience store located in Gangdong-gu Seoul Metropolitan Government is in mixed service, and prepared in advance to have the victim take up the excessive amount of about 20 centimeters in length, and let the victim open the safe, and 40,000 won in cash in the safe.

Accordingly, the defendant took the property of others by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement, records of seizure and the list of seizure;

1. Investigation report (the attachment of photographs by cutting CCTV images at the scene of the second and second crime and the correction of the first amount of damage at C convenience points);

1. Previous records of judgment: Application of Acts and subordinate statutes to resident criminal records and investigation reports (a copy, etc. of identical military records against a suspect);

1. Article 334 (2) and (1) and Article 333 of the Criminal Act concerning the applicable law and the choice of punishment for the crimes;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [aggravating concurrent crimes with punishment prescribed for special robbery on September 28, 2018 with heavier penalty]

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of punishment by law;

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