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(영문) 대구지방법원 경주지원 2016.02.05 2015고합72
특수강도
Text

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1), a fluor red cap (No. 2), and KONEX.

Reasons

Punishment of the crime

On November 19, 2015, the Defendant, at around 03:30 on 03:30 on 19, 2015, entered the D convenience points located in Samsung-si with face-to-face face, 38,000 won in cash managed by the injured party by threatening the injured party as “in the calculation of the tax base of the amount of money, the amount of 15.5 cm in length, and 27.5 cm in length,” and threatening the injured party to take the knife knife knife knife knife knife knife knife knife knife e.

Accordingly, the defendant took property from the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report and each accompanying document;

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

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 among the reasons for sentencing)

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 not less than two years and six months, but not more than 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a)[Scope of Recommendation] General Criteria, Type 2 (Special Robbery) basic area (3 to 6 years);

B. [Special Sentencing] None

3. Determination of sentence of sentence is inevitable in that the defendant, who is an illegal sojourne, has taken money by threatening the victim in a convenience store to raise living expenses, in view of the nature of the crime and the method of the crime, and the fact that the crime was not good in light of the content of the crime and the method of the crime, and that he did not receive the money from the injured party.

However, the circumstances favorable to the defendant such as the defendant's age, sexual conduct, motive, circumstance after the crime, etc. are revealed in the records and changes of this case, when the defendant stays in Korea, that there was no particular criminal history while the defendant is staying in Korea, and that most of the damaged articles were recovered immediately after the crime.

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