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(영문) 대전지방법원 천안지원 2013.05.08 2013고합73
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

On March 29, 2013, the Defendant decided to collect money from other persons who want to receive the payment of accommodation expenses from the owner of a female house who was accommodated for a long time on March 29, 2013.

Around 02:40 on March 29, 2013, the Defendant entered the convenience store of “D” located in the Dong-gu, Chungcheongnam-gu, Dongnam-gu, Seoul, and entered the convenience store for the victim E (the facts charged of the 18 years-old age were stated as “17 years-old,” but in full view of the evidence, the Defendant appeared to be a clerical error in the “18 years-old,” and made a correction of the evidence. In doing so, the Defendant: (a) took out the tobacco as if the evidence were consumed; (b) took a deadly weapon, which is a deadly weapon, previously possessed in the Gap’s occupation spread; (c) led the victim to a threat of the victim’s resistance; and (d) led the victim to a close opening, bringing the cash 213,000 won, which the victim had in his possession, into the safe.

Accordingly, the defendant took a deadly weapon and took property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Entry into the records of seizure and the list of seizure;

1. Application of each video statute to the photographs and excessive photographs after capturing on-site CCTV data;

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

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 fifteen years; and

2. Application of the sentencing criteria;

(a) Determination of types: Robbery crime group, general criteria, and type 2 (Special Robbery);

(b) Scope of the recommended sentence: Imprisonment for three years to six years (basic areas); and

3. Determination of sentence: The crime of this case committed in two years and six months of imprisonment with prison labor refers to the defendant's knife while at one night, entering the convenience store where the female female is married, and the defendant's life can be considered as taking the money and valuables of the convenience store by threatening the female in a knife.

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