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(영문) 광주지방법원 2016.09.02 2016고합194
특수강도
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2016, at around 02:17, the Defendant intruded into the restaurant for the operation of the victim E in Seo-gu, Seo-gu, Gwangju, through the main window, and removed the knife (32 cm in total length, 14 cm in knife) that was located in the main room, and stored the cash owned by the victim E in a temporary bank as calculated, and then taken the knife in the cover, the Defendant she was locked from the string of the calculating knife (f0 years of age) of the instant cafeteria employee F (f0 years of age) at the locking to the knife, the victim was able to cover the knife and write the knife with the victim’s knife, and then the knife’s knife’s knife’s knife and knife’s knife.

Accordingly, the defendant invadeds upon the residence of a person at night and forcibly taken another's property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. The list of seized articles and photographs thereof;

1. Coloric photographs, photographs of recovered damaged goods, and copies of bankbooks;

1. Application of CCTV-recording video CD-related Acts and subordinate statutes;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Application (special robbery) of the sentencing criteria (special robbery) (the determination of types) (the determination of the types of robbery) types 2 (special robbery) (special robbery) - Reduction element: A person not subject to punishment.

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