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(영문) 의정부지방법원 2015.04.30 2015고합28
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

While making soup without the place of work, the Defendant determined that female employees might be robbery at the convenience store in which they are mixed, while making soup and making soup, and on February 1, 2015, the Defendant decided to conduct robbery at the “D convenience store” located in Speaker-si C.

At around 23:15 on the same day, the defendant first purchased cans and coffee from the victim E (at 19 years old), who is an employee, and then examined the convenience point situation and the attitude of the victim.

The Defendant returned to the convenience store immediately, and the victim changed the Malament Tobacco 2 A, and then threatened the victim with a deadly weapon (No. 1, total length of 20 cm, length of 8 cm) that was located in the main machine of the Defendant, and breathed the victim by threatening the victim, threateninging the resistance as the victim, suppressing the resistance, and threatening the victim as the victim, and “the victim was known as having been present at this time, and is called as a tax base return of money.”

Although the Defendant threatened the victim of frightage with the expression "I cannot pay money because I do not pay money," the Defendant sawd that I would continue to pay money. However, the Defendant breaveddd 2 A of the market price of 9,000 won, which was set at the account book to the victim who did not pay the money.

Accordingly, the defendant took the victim's property by threatening the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The police seizure record and the list of seizure;

1. A report on investigation;

1. Existing existence of the seized blade (No. 1);

1. Application of Acts and subordinate statutes to photographs of seized articles;

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;

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

1. Punishment;

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