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(영문) 대구지방법원 서부지원 2012.12.20 2012고합423
특수강도
Text

A defendant shall be punished by imprisonment for three years.

A seized kitchen (No. 3) shall be confiscated.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant entered “E” convenience points where the victim D (n, 30 years of age) in Seo-gu, Daegu-gu, is working as an employee, and used a nit cane, and then took a kitchen (20 centimeters in total length, 30 centimeters in knife, 20,000 won in knife) with a knife, which is a deadly weapon in the knife in the knife onto the knife, and received a delivery from the victim of 20,000 won in cash and 26,000 won in market price.

Accordingly, the defendant forcibly taken property by threatening others as a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Spatial photographs of the arrest site;

1. The police search list and records of seizure;

1. Application of the Act and subordinate statutes to the investigation report (as to the attachment of CCTV photographs at the scene of crime);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of the sentencing guidelines] 2 years and 6 months to 15 years [Application of the sentencing guidelines] of imprisonment: The crime of this case by the defendant for three years of imprisonment with prison labor for a minor amount: (a) the robbery crime group, general standard, and general robbery: (b) the intent of taking money and valuables in a minor amount: (c) the scope of minor assault, threat, and serious reflective recommendation: (a) the basic area; (d) the imprisonment with prison labor for three years to 6 years; and (e) the crime of this case by the defendant for three years of imprisonment with prison labor for a more than six years; and (e) it is not good that the crime of this case is committed by taking the victim by taking the convenience store in which women are mixed at night and coercing the victim by taking the kitchen

However, it is advantageous to the fact that the defendant led to the crime of this case and reflects the depth thereof, the amount of damage the defendant took by force is minor, and the violence and threat accompanied by the crime is not excessive.

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