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(영문) 서울북부지방법원 2014.09.05 2014고합202
특수강도등
Text

A defendant shall be punished by imprisonment for five years.

One (No. 1), one knife (No. 2), one knife (No. 2), and one knife.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2012, the Defendant was sentenced to imprisonment with prison labor for a special robbery, etc. at the Suwon District Court on January 12, 201, and on April 18, 2014, the Defendant completed the execution of the sentence in the Suwon Prison.

【Criminal Facts】

1. Around 20:00 on May 30, 2014, the Defendant, including robbery, purchased one string to be used in committing the crime with the aim of robbery at the mutual convenience store in front of the Indian University located in the Seocho-gu, Seoul Special Metropolitan City, Nowon-gu, and around 23:00 on the same day, the Defendant, at the Defendant’s house located in Seoul Special Metropolitan City D and 101, has a kitchen string the kitchen string to be used in committing the crime with the aim of robbery at robbery at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu and 101, followed by robbery, including taking into account the situation at the F convenience store located in Nowon-gu, Seoul Special Metropolitan City.

2. On June 3, 2014, at around 00:58, the Defendant: (a) entered the F convenience points specified in paragraph (1) in which the victim C (the 18-year-old age) works as an employee; (b) taken a kitchen, which is a deadly weapon in possession of the victim ( approximately 11.5cm in length, approximately 21cm in total) and taken a kitchen, which is a deadly weapon in front of the victim, against the victim’s resistance; and (c) made the victim’s threat that he would not resist; and (d) taken the victim’s cash of KRW 140,00, KRW 100, KRW 9, KRW 5,000, KRW 9, KRW 5,000, KRW 2700, and KRW 1 string tobacco of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each report on investigation;

1. Photographs photographs of CCTV on each site;

1. To refer to inquiries, such as the current and existing criminal records (pre-trial records) under subparagraphs 1 through 6, each investigation report (report on attachment of relevant written judgments to the accused, confirmation on the expiration of the term of punishment for the accused), written judgments, and application of Acts and subordinate statutes to the personal identification and accommodation status;

1. Relevant Article 343 of the Criminal Act, the choice of punishment for the crime, Article 343 of the Criminal Act, Articles 334 (2) and (1), and 333 of the Criminal Act (the point of special robbery and the choice of limited imprisonment);

1. Article 35 of the Criminal Act among repeated offenders (Article 35 of the Criminal Act) and special cases concerning the punishment of specific violent crimes.

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