logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.05.07 2015고합60
특수강도
Text

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

Reasons

Punishment of the crime

On February 5, 2010, the Defendant was sentenced to three years and six months in Seoul High Court for special robbery, etc., and completed the execution of the sentence in the military prison on December 24, 2012.

1. On March 11, 2015, around 05:09, the Defendant entered the “D” convenience store located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and took advantage of the Defendant’s 200,000 won in cash, which was located in the Defendant’s safe, in his/her employees, after having been prepared in advance to the victim E (n't, 37 years of age) for a deadly weapon (the total length of 25cm, the blade length of 15cm).

2. On March 24, 2015, at around 04:39, the Defendant entered the convenience store of “G” located in Songpa-gu Seoul Metropolitan Government F, and took a deadly weapon (25 cm in total length, 15 cm in length) that had been prepared in advance to the victim H (19 years of age) who is an employee, and caused the Defendant to take a 171,000 won in cash located in his/her safe from the victim so that he/she could not resist against the victim, thereby getting off the amount of money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. The screen (G convenience point 1), the CCTV-cape (G convenience point 2), and the CCTV-cape screen (D convenience point) after the CCTV-caping;

1. Previous records: Criminal records and other inquiry reports, investigation reports (verification of the date of release of a suspect), personal identification and confinement status, investigation reports (previous records and attachment of court rulings), application of Acts and subordinate statutes of each court judgment;

1. Article 334 (2) and (1) and Article 333 of the Criminal Act concerning the applicable law and the choice of punishment for the crimes;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among Cumulative Offenses (limited to the proviso to Article 42 of the Criminal Act);

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment determined for a special robbery against victim E with heavier penalty)

1. Discretionary mitigation Criminal Act;

arrow