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Reasons
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(영문) 대구지방법원 김천지원 2016.11.22 2016고합116
특수강도
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 7, 2016, around 04:38, the Defendant asked the victim D(E) management of the victim D(E) located in the Gu, Si, Si, Gu, Si, to be a customer, and then asked the victim as to whether he can purchase a cultural gift certificate.

The Defendant used the gap in which the victim takes away cultural products from his saving depository, and led the kitchen knife (17 cm in length, 28 cm in total) which is a dangerous object in his possession, to suppress the victim's timber, and carried 187,000 won in cash, 10,000 won in the above saving depository, and 8 5,000 won in cash.

As a result, the defendant possessed dangerous objects and took property worth KRW 307,000 in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Investigation report (to be accompanied by field CCTV photographs and video CDs) and each CCTV-cape photograph;

1. Application of Acts and subordinate statutes on site photographs;

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;

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 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is an unfavorable circumstance against the Defendant, where the Defendant committed the crime of this case on a planned basis, such as: (a) the Defendant committed the crime of this case by setting the convenience store in which the employee works as a married person; and (b) threatening his knife his knife by threatening his knife; and (c) the nature and knife of the crime in light of the content

On the other hand, the defendant voluntarily surrenders himself after committing the crime, and the crime of this case is committed.

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