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(영문) 서울북부지방법원 2018.04.06 2018고합57
특수강도
Text

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

excessive one percent (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant, as a failure to invest in stocks, led to poor life, such as bad credit standing, and the Defendant was refused to borrow living expenses from a person who was living in a situation where the said person was unable to do so, and the Defendant was willing to collect money by using the excessive amount, which is a deadly weapon in the common domain of the said public official.

On February 3, 2018, at around 02:45, the Defendant used D convenience points located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and used the victim E (21 3), an employee, “A request for a tobacco fluor A” and used a lethal weapon prepared in advance for a tobacco receiver from the injured party (22 cm in total length and 11 cm in length) to take out from the left inside the inner part of the money.

In other words, the victim could not resist the victim by threatening the victim as “the victim’s brushes,” and then prevented the victim from resisting the victim, and the victim took off the victim’s 1 A of the above DNA tobacco amounting to KRW 4,100,00,000,000,000,000 won, which was kept in the calculation unit of the place from the victim.

Accordingly, the Defendant took a deadly weapon and took the victim's property in a total amount of KRW 1,054,100.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each protocol of seizure and the list of seizure;

1. Application of the 112 Report processing list, CCTV-cap photographs, each seized object photograph, and CCTV video-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. 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. The basic area (the area of recommendation and the scope of punishment for a person subject to special mitigation) of types 2 (Special Robbery) (the scope of punishment for a person subject to special mitigation) and the scope of punishment for a recommendation according to the sentencing guidelines shall be limited to 3 years to 6 years).

3. Determination of sentence: The defendant shall commit the instant crime in two years and six months of imprisonment;

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