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(영문) 부산지방법원 2014.10.31 2014고합425
특수강도
Text

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

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 11:41 on May 2, 2014, the Defendant: (a) sent the victim D (n, 21 years of age) in Busan Jin-gu C, Busan, to the convenience store for his employee; and (b) took a deadly weapon (22cc in length, 12cc in length, and 12cc in cash) that he purchased in advance, and took a deadly weapon (100,000 won in cash) that he had purchased in advance, and took a 130,000 won in cash from the victim so that the victim could not resist; (c) the Defendant could not resist the victim; and (d) took the victim’s 130,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report on robbery case;

1. Investigation report (on-site CCTV verification);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for not less than two years and not more than six months but not more than fifteen years;

2. Determination of the scope of recommending punishment: Robbery crimes: General criteria; 2 types (special robbery) - mitigated factors: The range of recommending punishment that a self-denunciation general person - mitigated factors - mitigated factors: serious reflectivity and that a person who has no record of criminal punishment: Imprisonment with prison labor for up to 2 years and 6 years to 4 years ( mitigated areas);

3. Reasons for major reference to stay of execution - No positive: Reasons for general reference to the use of dangerous articles - positive: Social ties clear, self-denunciation, serious reflect, or no criminal record of stay of execution or more: There is no effort to recover from damage.

4. Determination of sentence: The crime of this case with a stay of execution of two and a half years in the year of imprisonment entered the convenience store where the defendant is under the control of female employees as well as the victim's deadly weapons, and the crime of this case was committed with the suppression of resistance by threatening the victim, and 130,000 won in cash from that point.

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