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(영문) 서울서부지방법원 2016.04.21 2016고합43
특수강도등
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

1. Around 04:00 on February 13, 2016, the Defendant used a lethal weapon (11cm in length) at his own house, namely, the kitchen of Eunpyeong-gu Seoul D Housing 201, and took a knife the convenience store in which the her life is mixed, and taken a knife a knife at the F convenience store in the same E on the same day at around 05:14 on the same day by threatening the victim G (23 years) who is mixed with the said knife and by threatening the victim “if the victim does not want to die, she would not resist, she would not resist the victim,” and by inducing the victim to take a 305,000 won in cash from the damaged person.

2. On February 15, 2016, the Defendant: (a) entered the “I Convenience Points” located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul on February 15, 2016; and (b) threatened the victim J (the 19-year old-old-old-old-old-old-old-old-ro (the victim’s knife) with a knife that was prepared in advance; and (c) threatened the victim’sJ (the victim’s knife-year-old-old-year-old-old-old-old-old-year-old-old-old-old

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 334(2), 334(1), and 333 of the Criminal Act (the point of special robbery), Articles 342, 334(2), 334(1), and 333 (the point of attempted special robbery) of the Criminal Act concerning the crime, and the choice of imprisonment for each abandonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act (the aggravated punishment for concurrent crimes with severe special robbery) (the aggravated punishment for concurrent crimes with the punishment specified for a heavier special robbery);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. 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 25 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Special robbery (type 2) (Special Robbery) mitigated factors, which are general standards for robbery (type 2):

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