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(영문) 의정부지방법원 2013.05.29 2013고합119
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

On March 20, 2013, around 06:55, the Defendant got the employee of the victim D (the 19 years of age, south) who pretended to be a customer at the C convenience store, taken the knife of the knife (the 200cc in length) with a deadly weapon in the inside money, and threatened the victim so that the victim could not resist, and forced the victim to take 126,000 won in cash in the knife credit cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (on-site inspection, such as access to forestry and CCTV, exploration around the site, confirmation of the place of residence of the suspect, and specification of the suspect);

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) 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. The scope of recommendations according to the sentencing guidelines (decision of types of punishment), robbery, general standards, types 2 (Special Robberys) (the scope of recommendations and recommendations), basic area of punishment, imprisonment with prison labor for not less than 3 years and not more than 6 years (generally increased factors: Reduction factors: planned [whether suspended sentence of imprisonment is suspended]; positive use of dangerous articles - positive use of dangerous articles - Reasons for general participation in punishment - negative - positive action - negative and planned crimes - there is no past convictions, sentence of suspended sentence or more.

3. Determination of sentence: Imprisonment with prison labor for two years and six months, suspended execution for three years, and probation for three years, the crime of this case threatens the Defendant’s employees of the convenience store who had been mixed with his personal data at the time of the new wall time and takes cash by threatening the Defendant’s employee with a deadly weapon, and the means and method of the crime, the type of tools used for the crime, etc.

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