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(영문) 서울북부지방법원 2017.08.18 2017고합249
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant, who had been operating from around February 2017, entered a convenience store to force money by using a deadly weapon while continuing to contact with the company or the company, and hiding the company with the intent to avoid contact.

On June 16, 2017, around 04:55, the Defendant came to convenience stores located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu D, and then taken blades (28cm in total length, 14cm in blades), a deadly weapon prepared in advance by F to put the said tobacco, etc. on the accounting unit, out of shopping bags, by stating, “F” to its employees.

In the case of the victim, the victim shall be on the chest part of the chest, and the “confiscate shall be held and the money shall be paid.”

The death shall be caused by rupture.

After threatening F to prevent F from resisting, it took one of the above 2,10,00 won in cash, the market value of which is equivalent to 4,500 won, and the above 2,00 won in the market value of tobacco 2 A and 500 won in the market value.

Accordingly, the defendant took a deadly weapon and took a dives of the victim G property, the main owner of the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation and analysis of CCTV in place of occurrence, hearing of victim F's statement, and temporary verification of sunset);

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The scope of punishment by sentence: Imprisonment for not less than two years and six months - 15 years;

2. The scope of recommended sentences according to the sentencing guidelines [the types of decisions] shall be the general standards for robbery crimes and the two types (special robbery) (special sentencing factors) shall not be subject to punishment.

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