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(영문) 인천지방법원 부천지원 2017.08.25 2017고합156
특수강도
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2017, at around 10:06, the Defendant: (a) was operated by the Victim C (Woo, 56 years of age) located in Seocheon-si D, Bucheon-si; (b) opened the macker door and opened the entrance of the above macker, where the Defendant’s face was not fastened with the macker, and the entrance was fastened by the macker; and (c) opened the mack (total length 31cm, 20cm, 20cm per day, 20cm, and mar No. 2) of a deadly weapon, a deadly weapons (total length 31cm, knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif knif k knif knif knif

In this respect, he was demoted.

Accordingly, the defendant took a deadly weapon and took the cash of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A written statement of C;

1. Application of Acts and subordinate statutes to the records of seizure, respective lists of seizure and the records of seizure;

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 ( Taking into account the following favorable reasons among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Article 48(1)1 of the Confiscation Criminal Act [Article 48(1)3 through 7 of the Confiscation Criminal Act is used as a means to conceal his/her status in the course of committing the crime (see, e.g., Supreme Court Decision 2006Do4075, Sept. 14, 2006)] (Article 48(1)1 of the Confiscation Criminal Act (see, e.g., Supreme Court Decision 2006Do4075, Sept. 14, 2006)]

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

1. Two years and six months to fifteen years of imprisonment with prison labor in the scope of punishment by law;

2. The sentencing criteria shall be set.

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