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(영문) 서울서부지방법원 2020.03.25 2020고합27
특수강도
Text

A defendant shall be punished by imprisonment for three years.

excessive one (No. 1) seized, and one verification-chroke (No. 2) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On July 8, 2016, the Defendant was sentenced to 10 months of imprisonment for habitual larceny in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence in the Ganbuk Vocational Training Prison on March 26, 2017.

【Criminal Facts】

On February 4, 2020, at around 00:45, the Defendant entered the convenience store in Yongsan-gu Seoul Metropolitan Government, worn a Make, and made the knife (22 cm in the blade) of a deadly weapon to the victim D (the 19 years of age) who is an employee, several times, and made the knife knife knife knife knife knife knife knife knife knife knife knife knife knife m.

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. Investigation report (verification of CCTVs at convenience);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes on the acceptance status of each individual;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to twenty-five years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standard [Type 2] the special robbery [the scope of recommended fields and the scope of recommended sentences], the basic area of punishment, three to six years of imprisonment.

3. Determination of sentence: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the amount of damage is relatively minor; and (c) the owner of convenience store and the owner of convenience store do not want to be punished under an agreement with the owner of convenience store; and (d) the circumstances favorable to the Defendant.

On the other hand, the crime of this case is committed by the defendant's female employees entering the convenience store where they work in a mixed person and took money by threatening them.

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