logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.04.04 2013고합255
특수강도
Text

A 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 four years from the date of the final judgment.

Reasons

Punishment of the crime

At around 04:07 on December 22, 2013, the Defendant: (a) reported the victim’s “E” store located in Pakistan at the convenience store for the operation of the victim D located in Pakistan, and had the female employees married at the new wall time, and had the Defendant take money back by threatening the knife.

The Defendant entered the convenience store with a knife (7cc in blade length, 20cc in total length) for office work, which is a deadly weapon possessed by ordinary people, and taken the goods out of the convenience store, and confirmed that other customers do not have any other customers inside the convenience store, and went to the knife.

The Defendant, an employee of the Victim F (FF, 18 years of age), has flabed and threatened knife the above victim’s resistance, and had knife the knife the knife into the knife, and took the 25,700 won of 10,000 won of cash owned by the victim D and of convenience store.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to F and D;

1. Records of seizure and the list of seizure;

1. Application of photographic materials, seized articles, and 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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The heads of offenses under Article 48 (1) 1 of the Criminal Act to be forfeited;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. 3 years to 6 years from imprisonment with labor for the basic area of special robbery [decision on the recommended area] under the general criteria for the strength according to the sentencing criteria (decision on the types of punishment].

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and the crime of this case for 4 years of suspended execution threatens the employees of convenience stores who are mixed with deadly weapons at the time of the new wall of the person.

arrow