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(영문) 창원지방법원 2014.02.20 2013고합339
특수강도
Text

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

A knife (No. 1), a knife (comp. 2), a knife (comp. 1), a knife (comp. 2).

Reasons

Criminal facts

At around 04:03 on December 7, 2013, the Defendant had a deadly weapon, which was prepared in advance, with a knife (No. 30cc in length, 19cc in length, No. 1, No. 1), carried a deadly weapon (No. 30cc in total length, No. 19cc., No. 1 in knife) with the victim E (the 19 years of age), who is an employee, flife in the D convenience store located in Kimhae-si, and flifed the victim’s resistance, such as flickly flickly flick, and flickly flickly flick flick flick flick fl, and flick 450,000 won in cash from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. A criminal investigation report (Attachment of photograph of a suspect to a crime);

1. Application of each Act and subordinate statute to each of the following applicable Acts and subordinate statutes, one knife (No. 1), one knife (No. 2), one son and child (No. 3), one knife (No. 5), and one knife (No. 5);

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. A prosecutor under Article 48(1)1 of the Criminal Act of confiscation shall seek confiscation on the ground that the seized shoes (No. 4), clothing (No. 6) and 2 punishment (No. 6) have been used for committing a criminal act.

However, even according to the record, it is difficult to recognize the circumstance that the defendant provided or attempted to provide the above newness and clothing for the crime of this case, and there is no other evidence to acknowledge it otherwise.

Therefore, the prosecutor's request for confiscation cannot be accepted.

Reasons for sentencing

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

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types), robbery, general standards, special robbery (the range of recommended sentences) (the range of recommended sentences) shall be three years to imprisonment.

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