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(영문) 광주지방법원 2014.07.18 2014고합169
특수강도미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On April 20, 2014, in front of the D convenience store calculation unit in the Dong-gu, Gwangju Metropolitan City, the Defendant collected one excessive (10cm in blade length) (10cm) from the victim E (the 20-year-old and South) who is an employee, and forced the victim to resist money by threateninging the victim to “influence to pay money” (10cm in blade length). However, the Defendant did not bring heavy drinking water to the victim, but did not come to the wind of other customers to enter the convenience store when the victim does not drink and did not bring heavy drinking water to the victim, and the Defendant stolen the money with three cigarette 8,100 won at the market price of the victim, who was in the front of the calculation unit.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The application of Acts and subordinate statutes that make statements fit for the statement of E prepared by a prosecutor;

1. Relevant provisions of the Criminal Act and Articles 342, 334 (2) and (1), 333 of the Criminal Act (the point of attempted special robbery and the choice of limited imprisonment), and Article 331 (2) and (1) of the Criminal Act concerning the crime (the point of special larceny);

1. Article 25(2) and Article 55(1)3 of the Criminal Act for mitigation of attempted robbery (as to the crime of attempted special robbery)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and three months from one year to one year and three months;

2. Application of the sentencing criteria;

(a) Crimes of attempted special robbery: Sentencing shall not apply as they are attempted.

B. Sentencing Criteria for Special Theft [Determination of Punishment] Sentencing 2 (General Larceny): In the case of carrying a deadly weapon, [Scope of Recommendation] 10-2 (Aggravated Causes of Suspension of Execution] positive reasons: Living penalty, minor injury, and there are no criminal records of the same kind.

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