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(영문) 수원지방법원 안산지원 2018.04.12 2018고합57
특수강도
Text

A 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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 19, 2018, the Defendant: “D convenience points located in Silung-si C, around 06:10 on February 19, 2018, the Defendant: “At the time when prepared in advance, 20.5cm a kitchen (20.5cm in length, 33 cm in total) which is an employee E (25 cm in the chest part of the kitchen) of the victim E (25 cm), thereby threatening the victim to “at the time when he did not make a report,” thereby preventing the victim from resisting the bill of this case in cash of KRW 97,00,000, the Defendant appears to be the clerical error of “97,000,” which is “97,000 won in the indictment of this case from the victim. However, according to the prosecution protocol and investigation report (specific amount of damage) against the Defendant, this is considered to be a clerical error of “97,000 won”.

A person who gets back his ship.

Accordingly, the Defendant took the property managed by the injured party by threatening the injured party while carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. According to the implements used in the instant crime by one kitchen knife (No. 7), or records, it is recognized that the defendant was brought to the restaurant of the Gosiwon who had resided in the Defendant and falls under the ownership of any person other than the Defendant, the confiscation shall not be ordered.

applicable to existing legislation

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances incurred in the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered repeated circumstances in favor of the reasons for sentencing);

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the general criteria for robbery] that there is no type 2 (special robbery) [the person subject to general sentencing] [the person subject to general sentencing] - The mitigated factors: Living penalty, serious reflective factors: the planned crime [the scope of the recommended punishment] - 3 years to 6 years, and the basic area.

3. Determination of sentence;

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