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(영문) 서울서부지방법원 2013.09.13 2013고합223
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant was unable to pay interest on loans, the Defendant entered the convenience store, thereby putting the excessive amount of money and valuables at the house in mind by threatening his employees with a knife, and returned to the convenience store in Mapo-gu Seoul Metropolitan Government, and emulgating the place. On July 13, 2013, around 02:29, when she entered the E convenience store in Mapo-gu Seoul, Seoul, and put it into the above convenience store (10cm in knife length, approximately 28cm in knife length), and putting the excessive amount of 378,000 won in front of the victim F (niff in knife length, 28 years of age) who is an employee, by threatening the said employee to “in knife the amount of money and money,” thereby getting off the victim’s G cash account owned by the victim, which was in an open safe.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Scenes comparative photographs of the site and H convenience points;

1. Application of Acts and subordinate statutes to the records of seizure;

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Article 334 (2) and (1) of the Election of Imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the Criminal Act on the part of the defendant;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (Article 48(1)1 of the Criminal Act (Article 48(1)1 of the Criminal Act, even if the prosecutor has already been punished by forfeiture, such provisional release appears to be owned by the mother of the defendant I (Article 116 of the Investigation Record) and does not be confiscated);

1. The sentencing criteria [decision of types] general criteria for robbery and special robbery (special-sponsor): Imprisonment with prison labor for not more than two years and six months to four years; and

2. The crime of this case in which the defendant, who was female victim, entered the convenience store where the female victim is mixed, threatened the victim and forcibly took money and valuables on the new wall, is the method and object of the crime.

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