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(영문) 대전지방법원 천안지원 2014.04.16 2014고합26
강도상해
Text

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

One kitchen (No. 1) which has been seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On November 10, 201, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Incheon District Court, and completed the execution of the sentence on September 18, 2012.

【Criminal Facts】

On February 14, 2014, around 01:47, the Defendant: (a) entered the “E convenience store” located in the Gangnam-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, as if he were a guest, and then made the Defendant come to offer money to the victim by using the kitchen knife (the knife length length, 30cm, No. 1) that was prepared in advance after having entered the said convenience store; (b) however, the Defendant said that “the Defendant would come to know his fingers,” and said, “The Defendant knife his fingers.”

As such, the Defendant, while threatening the victim with a deadly weapon, tried to forcibly take money and valuables, but did not bring about such intent at the wind against which the victim resists.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the preparation of assistant judicial police officer in C;

1. A self-written statement prepared in the F;

1. Reporting on the occurrence of the case, on-site photographs, photographs of the suspect, records of seizure, list of seizure, photographs of the seized articles, reports on internal investigation results and reports on the investigation results;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc., inquiry reports (A), investigation reports (Attachment of a copy of judgment), and personal identification and confinement status;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 342 and 334 (2) and (1) of the Criminal Act which choose a penalty;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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-five years; and

2. Whether or not to apply the sentencing criteria: The sentencing criteria shall not be applied as an attempted crime.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in two years and six months, the defendant enters the convenience store operated by the female in the new wall, and the kitchen, which is a deadly weapon, shall be used.

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