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Reasons
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(영문) 의정부지방법원 2013.06.14 2013고합114
특수강도등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

1. At around 04:25 on March 18, 2013, the Defendant: (a) carried articles on E Convenience stores located in Dongbcheon-si, Dongbcheon-si, as if he would purchase the articles; (b) carried articles on the display stand, and (c) carried out money out of the convenience store; and (d) took a knife (15cm in knife length) which was a deadly weapon that was hidden after entering the said facility immediately; (b) taken the victim’s knife (15cm in knife length) by threatening the victim to the effect that “I know if you report, I would know.”

2. On March 21, 2013, the Defendant attempted to commit special robbery: (a) around 05:36, at the GPG charging station in Yangju-si, asked the victim H (65 years of age) of the office to use toilets; (b) knife the knife (15cc in knife length) which was hidden after the victim going into the office when she wants to go out of the office; and (c) tried to take money and valuables from the victim by taking the knife and knife the knife (15cc in knife) which was concealed after the victim went into the office; (d) however, the Defendant attempted to take the knife the victim’s knife and knife the Defendant’s knife and knife the Defendant out of the office without reaching the wind

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Seizure records;

1. Investigation report (case of changing the amount of damage related to special robbery in a convenient point);

1. Application of Acts and subordinate statutes on site photographs of robbery;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1), 333 (Special Robbery and Selection of Imprisonment) of the Criminal Act concerning criminal facts, Articles 34 (2) and (3) of the Criminal Act concerning the choice of punishment, Articles 342, 334 (2) and (1), and 333 of the Criminal Act;

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted crimes and attempted special robbery) of the said Act mitigated by law;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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