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(영문) 광주지방법원 순천지원 2018.11.22 2018고합193
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

Punishment of the crime

The Defendant, while living together with his parent, went away from the house, and living together with her parents, failed to meet the living cost, purchased a kacker knife (25 cm in total length, 10 cm in length) which is a dangerous object, and used it to commit robbery.

On September 22, 2018, the Defendant: (a) carried a knife with a knife on 4:40 on September 22, 2018; (b) reported that the Defendant would work as an employee E (V, 19 years old) at the D convenience store operated by the Victim C (M, 38 years old); and (c) made a knife with a knife that was prepared in advance by entering the convenience store to E, and (d) would offer money to E.

“After the failure of E to resist, 260,000 won in cash owned by C, which was entered in two places in the cash storage unit of the Kabter, was deducted.”

Accordingly, the defendant took property by carrying dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. A criminal investigation report (verification of images of a crime) and accompanying materials;

1. Application of a report on the results of field identification and statutes on site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years (reduction of amount);

2. The scope of recommended punishment on the sentencing criteria [the scope of recommended punishment] [the general standards for robbery] that there is no two types (special robbery) (the scope of recommended punishment] (the scope of recommended punishment), the basic area of punishment, three years to six years of imprisonment.

3. According to the decision of sentence, the sentencing range as ordered, taking into account various sentencing conditions such as the circumstances as the defendant's age, sex, environment, motive and background of the crime of this case, means and results, and the circumstances before and after the crime.

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