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(영문) 울산지방법원 2013.04.19 2013고합40
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

The Defendant prepared in advance the excessive knife, which is a deadly weapon, in order to take the property of others, and colors the object.

On February 1, 2013, at around 04:36, the Defendant: (a) sent the victim D (at the age of 31) who pretended to be a customer within the convenience store in Ulsan-gu C, Ulsan-gu, and went to the said convenience store to the said convenience store; (b) sent the victim D (at the age of 31), who was aware as if the Defendant would buy wald tobacco 1 A by horse, and (c) took a deadly weapon (at the blade length of 10.5 cm, width of 1.8 cm, total length of 25 cm) prepared in advance on the Defendant’s shoulder, and put the victim’s body towards the victim’s body, and (d) threatened the victim with the danger of sticking up to the victim’s value, and (e) “a

Accordingly, the Defendant, who was frightened by opening two cash receipts and disbursements, takes the custody of cash by opening the two cash receipts and disbursements, was able to directly put one cigarette on a horse with the amount of 335,000 won in cash and the amount of 2,700 won in the market price, and was forcibly taken by inserting the cigarette into the above Cream.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Each internal investigation report and each investigation report;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [decision of sentence] Robbery, general standard, type 2 [Special Convicted Persons] - mitigated elements: Imprisonment with prison labor for 2 years and 6 months to 4 years (limited to the scope of recommending punishment) [general prisons] - Reasons for mitigation of punishment - Major reasons for mitigation of punishment : Crimes for life [specific reasons for suspension of execution of punishment] - Reasons for general participation in punishment - There are no positive reasons for refusal of punishment - There are no criminal records of imprisonment with prison labor for 2 years and 6 months and 3 years of suspended execution (decision of sentence].

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