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(영문) 춘천지방법원 원주지원 2015.01.29 2014고합124
특수강도
Text

A defendant shall be punished by imprisonment for five years.

1, 1,00,00 square meters (proof No. 1 of the inventory of seized articles) shall be confiscated.

Reasons

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to three years and six months of imprisonment with prison labor for special robbery, etc. in the Jeju District Court's original branch on May 13, 2010, and completed the execution of the sentence in the original prison on August 8, 2013.

On November 18, 2014, at around 04:20, the Defendant: (a) laid a son, mast, face-to-face, and face-to-face, entered the convenience store; (b) laid the kitchen, which was a deadly weapon prepared in advance, to the victim E (the age of 19), who was in charge of the said room; (c) taken a kitchen, which was a deadly weapon prepared in advance, into the victim E (the age of 19) in order to prevent the victim from resisting; and (d) taken a 430,000 won in cash from the victim so that the victim could not resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and photographs of seized articles;

1. On-site photographs, investigation reports (Attachment of CCTV images within convenience points), and arrangement of dynamics prior to committing the crimes;

1. Previous records of judgment: Application of the current status of release of suspects A, resident inquiry and criminal records, inquiry reports on criminal records, investigation reports (suspect A's previous records and attachment of judgment) to statutes;

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. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

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

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

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than twenty-five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] group of robbery, general standards, type 2 (Special Robbery) (the scope of recommending sentence] None [the scope of recommending sentence] basic area, period 4 years and 6 months to 9 years (in the case of repeated crimes, the maximum and minimum amount of the sentenced sentence shall be increased by 1.5 times) [the scope of the corrected recommended sentence] 5 years to 9 years (the lowest amount of the sentenced sentence under law).

3. Determination of sentence [Incompetence] Defendant has a record of having been punished several times for the crime of larceny and robbery, and in particular, the Defendant is a special robbery.

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