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(영문) 광주지방법원 순천지원 2014.10.16 2014고합195
특수강도
Text

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 7) seized shall be confiscated.

Reasons

Criminal facts

The Defendant, at the “AE” convenience store located in AD when there is a decline in entertainment expenses, had the victim AF (hereinafter referred to as “AE”), who is an employee, taken away money and valuables by threatening 18 years of age.

On September 14, 2014, at least 23:45, the Defendant: (a) reported that the victim is her married person; and (b) prevented the victim from resisting by threatening that the victim’s chest is a deadly weapon (9.5cm in blade and 20cm in total length) with a deadly weapon on the victim’s chest; and (c) took 196,000 won in cash stored there from the victim’s imprisonment without prison labor.

Summary of Evidence

Defendant’s legal statement

Articles 334(2) and (1), 333(1), and 533(1)3 of the Criminal Act (Optional to Imprisonment) of the Act on Discretionary Mitigation of Discretionary Mitigation of Criminal Procedure for the criminal facts subject to the respective protocol of statement by the police against AF and the list of seizure records, and the reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture of Article 48(1)1 of the Criminal Act

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than two years and not less than six months to 15 years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for three to six years (determination of a type): General criteria; Type 2 (Special Robbery); basic area of recommendation and scope of recommendation types); three to six years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for three years, the defendant forcibly taken property by threatening the victim with a deadly weapon to raise entertainment expenses, and the nature of the crime is poor;

Even if the defendant committed the crime of this case even though he was under probation due to larceny, etc., and did not receive a letter of suspicion from the victim, the defendant is disadvantageous to the defendant.

In full view of these points, the sentence of punishment on the defendant is inevitable.

When determining punishment, the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case were taken into consideration.

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