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(영문) 서울북부지방법원 2017.12.01 2017고합389
특수강도등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2017, at around 12:30, the Defendant, an employee in Seongbuk-gu Seoul Metropolitan Government, was in front of the “E convenience store” under this management of the victim D (n, 20 years of age) (E) who is an employee in Seongbuk-gu, Seoul, the Defendant taken the charge of taking money and valuables by inserting it into the main machine (the total length of 24 cm, 13 cm, 13 cm, and 40 cm within the said convenience store, and intrusion into the front of the calculation unit of the above convenience store, and then taking the above excessive amount, which is a deadly weapon, into the victim’s interest, and making it impossible for the victim to resist money, and taking it out by taking the victim’s interest at least 450,000 won in cash and the market value of 1,500 won in the air condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Seizure records;

1. The application of a criminal photograph (excess, cash photograph, etc.), a criminal investigation report (to secureCCTV images), and the Acts and subordinate statutes governing crimes CDs;

1. Relevant legal provisions of the Criminal Act and Articles 334(2), 334(1), and 333 of the Criminal Act (special robbery and choice of imprisonment with prison labor) concerning facts constituting an offense, and Articles 320 and 319(1) of the Criminal Act (a) of the Criminal Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the scope of adding up the long-term punishment for the crimes of special robbery with heavier punishment)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and orders to attend lectures, and Article 62-2 (1) of the Criminal Act of the community service order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Imprisonment with prison labor for a period of two years and six months from June to June 17;

2. The scope of punishment recommended shall be three years or more (in accordance with the lowest limit of the basic area of crimes of special robbery for which the sentencing criteria are set).

3. The crime of this case, which committed the crime of this case by carrying a dangerous article, intrudes on the convenience store by carrying it with himself, and suppressing the victim’s resistance, which is the cause of the above over-road convenience store, and forcibly taking the victim’s 450,000 won in cash and the small-scale one soldier.

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