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(영문) 수원지방법원 평택지원 2020.04.10 2020고합18
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, while having a large amount of debt, anticipated that the credit card value settlement date is a large amount of cash at the “share Dok sales store D” store operated by the victim B (the age of 54) who was known to the majority of the elderly, and had a mind to forcibly take cash, etc. by threatening the victim with a deadly weapon.

At around 21:40 on January 25, 2020, the Defendant entered the above D points, opened the entrance, opened the entrance first, opened up one Raber (10cm in length), which was a deadly weapon that was prepared and brought in in advance, threatened the victim, and pushed the victim up to the warehouse of the above selling store, and opened the victim up to the floor the side of the bar.

The defendant shall put the victim's grandchildren and face in advance with a transparent tape in preparation for the victim's humbage face, prevent the victim from resisting against the victim, and then use the victim's hump.

(h) Sponsora;

(e) CCTV;

On the other hand, the police reported the fact that it threatens the fire of the building, and there was only one head of the Tong and the NongHyup Bank, in the case of Samsung Galth Malth, which is equivalent to 1,950,500 won in the market value of the victim's possession, such as sports earth and lottery tickets, which is equivalent to 1,950,500 won in the market value of the victim's possession.

After all, the Defendant took a deadly weapon and took the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of strength incidents, field identification records, reports on results of field identification, black boxes, video files, suspect clothes, etc. to the location of discovery, such as photographs of the place of discovery, a detailed statement of 112 reported cases processing and an appraisal statement;

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

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of limited imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The sentencing criteria shall be set.

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