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(영문) 수원지방법원 안산지원 2014.09.19 2014고합196
특수강도
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 04:00 on June 5, 2014, the Defendant entered the convenience point of the victim D’s operation “E,” with a black fluoring and fluoring fluoring fluor in the upper part of the victim F (the age of 45), who was in possession of the body of the victim F (the age of 45) (the length of the blade is approximately 12 cm, the total length is approximately 24 cm), and the Defendant “it shall not be harming unless she resist............., opening the spos).” The Defendant: (a) caused F to open the cash box and open it on the floor, and (b) caused F to cover the f’s f’s f’s f’s hick with the electric wire; and (c) carried approximately KRW 600,000,000 in cash owned by D from the cash box.

Accordingly, the defendant forcibly taken another's property by assault or intimidation by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning F;

3. Police seizure records;

4. Application of each statute of photography;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Probation order under Article 62-2 of the Criminal Act.

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Field II (Special Robbery) of general standards;

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

3. Criteria for suspension of execution;

(a) The major reasons for the entry: (a) the positive factors: the use of dangerous articles; (b) the penalty not being imposed; or

(b) Reasons for general participation: A positive factor: There is no previous conviction or more than a stay of execution, serious reflectivity, and obviously negative factor in social relationship: A planned crime.

4. In this case, the decision of sentence is made by the defendant, entering a convenience store with face-to-face face, leaving the victim F who is an employee, and threatening the victim F to make an advance preparation.

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