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(영문) 전주지방법원 2013.05.23 2013고합14
특수강도
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 04:29 on December 3, 2012, the Defendant discovered that the victim F (n, 16 years of age) works in the “E convenience store operated by the victim D, a convenience store operated by the victim D in Yansan-gu, Seoul Special Metropolitan City, and used her mother and child inside the said convenience store, and taken the Defendant’s face into the main machine, taken off the Defendant’s face into the main machine (11cm in blade length) with a deadly weapon, and cut off the said victim’s face, and then deducted the victim “the victim” from the Defendant’s cash 190,000 won, taken out from the Defendant’s treasury, and then deducted the victim’s cash 190,000 won, taken off from the Defendant’s treasury, and the report was made.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

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 (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommendations according to the sentencing criteria (decision of types), the group of robbery crimes, general standards, and special robbery (special sentencing persons): Imprisonment with prison labor for not more than two years and six months to four years, respectively;

3. Determination of sentence: The crime in this case for two years and six months of imprisonment, and three years of suspended execution is not less than the nature of the crime in light of its subject, method, and contents. However, the strong employment of this case is relatively small, and the defendant agrees with the victim D, the main owner of convenience store, the amount equivalent to the damaged goods are deposited to the victim F, the damaged goods are recovered, and the defendant is subject to criminal punishment in addition to the suspended indictment once.

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