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(영문) 서울북부지방법원 2014.01.10 2013고합368
특수강도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2013, the Defendant, at the convenience store located in Seongbuk-gu Seoul Metropolitan Government on November 16, 2014:50, threatened the victim E (21 years of age) who is an employee of the Kabter, with a deadly weapon (23 cm in total length, 13 cm in blade length) and forced the victim to take 350,000 won in cash, which is an employee of the business owner in the safe, from the victim, by threatening him/her to “draw up money with no time.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of victim E;

1. A written statement of victim E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to documents of emergency arrest, CCTV photographs, excessive blade 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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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 extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), robbery group, general criteria in 01, special robbery (special-sponsor], self-denunciation of types of special robbery (limited to the scope of recommending punishment), non-compliance with punishment (based on the suspension of execution of punishment) [based on the suspension of execution of punishment] major reasons for writing: A person who has no record of criminal punishment, a person who surrenders himself/herself, and a person who has no record of criminal punishment;

3. As to the crime of this case, the defendant, after entering a convenience store at night and intimidation his employee with a deadly weapon, took property by force, and the nature of the crime is not less than that of the crime in light of the circumstances, method and content of the crime, and the damage caused by the crime of this case has not been recovered.

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