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(영문) 인천지방법원 부천지원 2015.05.29 2015고합67
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, having no certain occupation, experienced financial difficulties, such as living expenses, lack of work costs with women's friendship, and demand for repayment of loans, etc., he thought that he committed robbery against nearby convenience points.

Accordingly, at around 03:37 on April 4, 2015, the Defendant: (a) worn Macks and locks prepared in advance at the “Evexe store” operated by the victim D in Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) took a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation reports (on-site CCTV investigations);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

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

2. Application of the sentencing criteria [Determination of types] general criteria for robbery crimes: Type 2 (Special Robbery) (Special Robbery): Reduction element: Reduction element of punishment [Determination of the recommended field] mitigated area [Scope of recommendation area] mitigated area [Scope of punishment], two years and six months to four years.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and the crime of this case for 3 years of suspended execution shall be decided by the defendant; and

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