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(영문) 전주지방법원 2018.11.02 2018고합215
특수강도
Text

A defendant shall be punished by imprisonment for three years.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On March 18, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and on June 30, 2015, the parole period was expired on September 25, 2015.

[2] The Defendant, without any particular occupation, committed a crime, committed a crime by entering a convenience store using a knife (the total length: 24.5 cm and knife length: 13 cm) in which the Defendant was in possession of the Defendant, who fell short of living expenses, while leaving the country throughout the country without any particular occupation.

around 01:50 on September 4, 2018, the Defendant entered the “D convenience store” located in Yansan-gu, Yansan-si, Seoul, and took knife the knife of the Defendant’s knife in the Defendant’s knife, who is an employee of the convenience store located in the place.

J. “F. L.D. Rolobk in cash in the Treasury”

After threatening the victim, “The victim could not resist,” the victim took a total of KRW 104,500,000 in cash from the victim’s depository of the convenience store and the amount equivalent to KRW 4,500 in the market value of KRW 4,500, including KRW 104,50,00, including KRW 1 A, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (related to voluntary submission of seized articles, occurrence of a case subject to special robbery, site placement, investigation into a suspect's escape, arrest, etc., upper and lower parts and two caps worn by a suspect at the time of committing the crime, relation to shooting of a new storage house, relation to purchase of knife used by a suspect A for committing the crime, and relation to the amount of damage);

1. A report on the occurrence of a loss (Robbery of convenience stores);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. 112 Reported case handling tables and robbery-field photographs;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, (A), personal expropriation status, and application of the judgment text;

1. Relevant legal provisions and Articles 334 (2), 334 (1), and 333 of the Criminal Act (the occupation of special robbery and the choice of organic imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Confiscation.

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