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(영문) 서울동부지방법원 2015.05.18 2015고합54
특수강도등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The number of pages, seized (No. 1), the number of pages, the number of pages, the number of pages of which is increased.

Reasons

Punishment of the crime

1. From March 10, 2015 to around 01:15, the Defendant: (a) came to the “D convenience store” located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul; (b) the employees, without opening the entrance, opened a credit cooperative for accounting by entering the toilets with a cresh; and (c) cut off the cash owned by the victim E, the main owner of which was located in the said facilities.

2. On March 16, 2015, from around 01:5 to 02:05, the Defendant was taking a face of the clothes prepared in advance between 01:5 and around 02:05, and entered the said D convenience points, made it difficult for the Defendant F to resist by threatening the Victim F (M, 18 years old), using a deadly weapon 23 cm (M, No. 1) toward the victim F (M, 18 years old), and preventing him/her from resisting as a hazardous weapon, and let the Victim F pay money to the f of the flinyl chloride, and did not substantially disadvantage the Defendant’s exercise of the Defendant’s right to defense, which is the fact that he/she was located from F, thereby adding the victim of property to the victim E.

A total of 420,000 won in cash owned was taken by reducing the total of 4.2 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each report on the occurrence of a crime (thief and convenience store strength), reports on results of field identification (thief and robbery), respective field photographs, CCTV recording CDs in the course of committing a crime, each record of seizure and the list of seizure;

1. Application of the respective existing Acts and subordinate statutes of the first (No. 1), the second half (incinus 1), the second half (incinus 2), the second half (incinus 2), and the second half (incinus 9);

1. Relevant Article 330 of the Criminal Act and Articles 334 (2) and (1), 333 of the Criminal Act (the point of special latitude and the choice of limited imprisonment), the choice of punishment for the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up with the maximum term of two crimes), Article 38 (1) 2;

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. Confiscation Article 48(1)1 of the Criminal Act

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