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(영문) 의정부지방법원 고양지원 2013.05.10 2013고합43
특수강도
Text

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

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

Reasons

Punishment of the crime

1. At around 10:13 on February 2, 2013, the Defendant, “E” operated by the victim D, the victim D, who was in Yongsan-gu, Mangdong-gu, Mangsan-si, Goyang-si, by means of intimidation on the chest side of F (hereinafter “F”), an employee of the convenience store, who was a deadly deadly weapon previously possessed at the convenience store, thereby making it difficult for F to resist by means of intimidation, and forced F to take 190,000 won in cash, which was owned by the victim at the time of the cash receipt and payment.

2. At around 04:30 on February 20, 2013, the Defendant: (a) compelled the Defendant to resist the excess specified in paragraph (1), which is a deadly weapon previously possessed at the “I” convenience store operated by the victim H of the victim H in Mangdong-gu, Mangdong-si; (b) prevented the J from resisting by means of threatening on the chest side of J (Y 42 years old); and (c) took off the cash amounting to KRW 185,000 and KRW 9,000,000, which was owned by the victim at the same time, and 10,800,000,000,000 won, which was owned by the victim at the same time, to cut off the cash amount of KRW 185,00,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of each police statement made to J, F, and D;

1. Records of seizure and the list of seizure;

1. Photographs and photographs (cash, tobacco);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographs attached to the suspect at the time of committing the crime), a criminal investigation report (joint collection of CCTV data in the one-dong-gu), and a situation report;

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with regard to the crimes of special robbery committed against the H of a victim heavier than the circumstances);

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Determination of basic crimes: Special robbery against a victim H;

3. Application of sentencing criteria: the strength of imprisonment of three to nine years (determination of type).

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