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(영문) 의정부지방법원 2019.05.09 2019고합65
특수강도
Text

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

The Defendant purchased excessive (24 cm in length, 11 cm in a blade) which is a deadly weapon at the shop B in the Defendant’s residential area, and had the Defendant committed robbery, following the discontinuance of the original construction service, and the loss of life cost, etc. after the import has ceased to exist.

On February 21, 2019, the Defendant: (a) carried excessive possession of at least 03:48 on February 21, 2019; (b) carried the place for committing the crime into the E convenience store for the operation of the victim D (hereinafter approximately 40 years of age) located in Gu Government-si; (c) laid off the excessive excess that he prepared in advance to the victim F (the 22 years of age), who is his employee; (d) prevented the victim F from resisting; and (e) took 705,000 won in cash owned by the victim D, which was located in the knter credit cooperative; and (e) deducted one of the victim F-owned smartphone from the victim F-owned market amounting to KRW 70,000,000 in the amount of KRW 70,000.

Accordingly, the defendant took the victims' property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs of CCTV recording materials at the scene of crime, CCTV image materials at convenience stores, and images of the details of arrest;

1. Application of each protocol of seizure, list of seizure, and photograph of seized articles to statutes;

1. As the pertinent Article of the Criminal Act and Article 334(2) and Article 334(1) of the Criminal Act (Selection of Imprisonment with prison labor) on criminal facts have been forcibly taken the property of the victims who have different owners from the victim F at the same time and place as a single criminal intent, it is deemed that one special robbery has been committed.

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Confiscation Criminal Act / [one (No. 1), one (No. 2), one (No. 3, one (No. 3), one (No. 3) of the age of seizure.

Each of the above seized articles shall be the defendant.

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