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(영문) 춘천지방법원 2017.02.28 2017고합13
특수강도
Text

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

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

Reasons

Punishment of the crime

On January 13, 2017, the Defendant, while carrying goods at the E convenience store in the operation of the Victim C located in Chuncheon-si, Chuncheon-si, took the Defendant’s possession of cash 259,000 won in cash owned by C from the Victim F, who was an employee, (n, 47 years of age) of the Victim F (n, e.g., total length of 20cm, 10cm in length) that was prepared in advance, by threatening the Victim F to “open the opening of the money in the cash,” and by threatening the Victim F to “the opening of the money in the cash,” thereby making it impossible for the Victim F to resist.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each protocol of seizure and the list of seizure;

1. A written appraisal;

1. Investigation reports (Attachment photographs related to seizure) and investigation reports ( telephone conversations between convenience stores and users of telephone conversations);

1. Application of CCTV video images (116 pages of investigation records)-related Acts and subordinate statutes;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] means robbery, general standards, and type 2 (special robbery) (special robbery): The victim C expressed his/her intention not to punish him/her; however, the victim F, who appears to have been subject to intimidation at the actual place of crime, did not express his/her intention not to punish him/her; thus, it is deemed that the victim F, who is considered to have been subject to intimidation at the actual place of crime, does not constitute “non-conforming to punish”, which is an element of special sentencing.

However, the victim C is not subject to the punishment of the following sentence.

[Scope of Recommendation and Recommendation] Basic Area: Imprisonment with prison labor for up to six years

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and with respect to the crime of this case for three years of suspended execution;

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