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(영문) 수원지방법원 안양지원 2017.11.17 2017고합181
특수강도
Text

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

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

Reasons

Punishment of the crime

On September 16, 2017, the Defendant entered the “D marina” in Sinpo City, Sinpo-si, Sinpo-si, with a view to taking the food, etc. at that place, and entered the excessive one week, liquor 1 bottle, beer 1 bottle, food, etc., which are sold at the said marina, in the cream.

The Defendant, who had been in front of the calculation team, took a knife the excessive (12.5 ccM in length of the knife) which is a deadly weapon in possession, and prevented the victimized person from resisting by threatening “the knife knife knife flife flife flife flife flife flife flife flife flife flife flife flife

Accordingly, the defendant forcibly taken another's property by intimidation with a deadly weapon, and the summary of the evidence.

1. Statement by the defendant in court;

1. A E-document;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A report on investigation;

1. Receipts:

1. Application of the Acts and subordinate statutes to photograph a crime tool and CCTV image-cape;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. 3 years to 6 years from imprisonment with labor for the basic area [the scope of a recommended sentence] of types 2 (Determination of the area of recommendation] (Determination of the area of recommendation] under the sentencing criteria, the general criteria for robbery;

2. Determination of sentence;

A. A normal defendant, who is disadvantageous to the defendant, has entered a convenience store where his/her employees are mixed with one another and took a knife food by threatening his/her employees. In light of the contents of the crime and the method of the crime, the liability for the crime is not

B. A favorable normal defendant does not have any past record of punishment exceeding the punishment of a fine other than that imposed on the defendant, which led to the confession and reflect of the crime of this case.

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