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(영문) 인천지방법원 2018.03.29 2018고합32
특수강도
Text

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

Seized one knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On January 10, 2018, at around 02:25, the Defendant intrudes into “E convenience store” operated by the victim D in Bupyeong-gu Incheon Metropolitan City, and takes a knife knife knife F (n, 22 years of age) of an employee working in the knife at the knife, who is a lethal weapon, and throw off the knife knife (No. 1, total length of 15cm) with a knife, and thrown the knife face.

“To avoid resistance by intimidation,” and take approximately KRW 400,000 in cash, which is owned by the State F, by opening a simplified credit cooperative, at the State simple credit cooperative.

In this regard, he was demoted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report by the prosecution (to hear statements by the F phone of a victim related to seizure in cash);

1. Report on occurrence (Robbery), police investigation report (in the event of escape routes, etc., investigation of drinking water by the defendant, on the pages in which the defendant purchases drinking water, on the pages in which the defendant purchases drinking water, on the notes purchased by him/her, on the pages of the crime, on the CCTV data reading inside the G convenience store, on the CCTV tracking after the G convenience store - combination of H mainly, on the H CCTV image reading, on the I CCTV image reading, and on the suspect specific), and on the personal information of

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. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the strength, general standards, and type 2 (special robbery) [the scope of recommended punishment] of the basic area [the scope of recommended punishment] [the scope of recommended punishment] of imprisonment with labor for three years from six years.

3. Determination of sentence: Imprisonment with prison labor for a period of two years and six months, the defendant shall enter a convenience store in which female workers work in a mixed person at night, and shall throw away the face in a knife from the shop.

Intimidating money by intimidation, the method of crime is very dangerous and the nature of the crime is bad.

The victims are suffering from mental and physical damage due to the crime of this case.

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