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(영문) 대구지방법원 안동지원 2014.12.11 2013고합68
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:40 on August 23, 2013, the Defendant: (a) threatened the victim D (n, 20 years of age) in Ansan-si C with excessive amount exceeding 15 cm in length of the knives, which is a deadly weapon in front of the victim; (b) prevented the victim from resisting; (c) prevented the victim from resisting; and (d) took a cash of KRW 191,00,00 in cash, which was in the knives receipt and receipt of the money, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Entry into the protocol of seizure;

1. Entry in a criminal report (CCTV verification) and the application of video-related Acts and subordinate statutes;

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;

2. Article 62 (1) of the Criminal Act ( repeatedly considering the following favorable circumstances) of the 3 suspended execution under Articles 53 and 55 (1) 3 of the Criminal Act (Discretionary mitigation)

4. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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. Scope of sentence according to the sentencing guidelines (decision of type), robbery, and factors to mitigate types 2 (Special Robbery) among general standards: Imprisonment with prison labor for not less than 2 years and 6 months but not more than 4 years;

3. Determination of sentence: The crime of this case with a stay of two and a half years of imprisonment was committed by the defendant with a knife at a convenience store and with money threatening employees; however, the crime of this case was committed by the defendant himself at his own discretion with a considerable amount of debt, and the defendant committed the crime as above at the time of the crime of this case, and was committed by the defendant only at the time of the crime of this case, but did not directly harm employees; the amount taken by the defendant was returned; the defendant agreed with the employee; the defendant was committed against all of the crimes of this case; the defendant was led to a confession of the crime of this case; the defendant was punished by a fine.

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