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(영문) 춘천지방법원 강릉지원 2014.06.19 2014고합30
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2014, at around 04:35, the Defendant took knife a knife and knife a knife (33cm in total length, 20cm in knife), which is a deadly weapon that he prepared in advance, knife knife and 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. Statement of the police statement concerning F;

1. Police seizure records;

1. Investigation report (Attachment of photographs of video recording materials);

1. Application of seized articles, photographs and on-site photographs Acts and subordinate statutes;

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Article 334 (2) and (1) of the choice of punishment;

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;

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 15 years;

2. Application of the sentencing criteria (Determination of types): Class II (Special Robbery) (Special Robbery) mitigation element: Reduction element of the victim F's F's imprisonment [Determination of the recommended area] Reduction element / [Scope of Recommendation] Imprisonment from 2 years and 6 months to 4 years [Comparison of imprisonment with prison labor] from 2 years and 6 months from 6 months to 4 years [whether suspended sentence is suspended] Major reasons for major reference: (Unjustifiable) major reasons for writing on the use of dangerous objects: (Determination of types): A person not subject to punishment, a person not subject to punishment, and a general witness who has no record of criminal punishment: A seriously reflective reason;

3. Determination of sentence: (a) the motive, background, means, and consequence of the instant crime; (b) the circumstances after the instant crime; and (c) the criminal records of the Defendant; and (d) all the factors of sentencing indicated in the arguments, such as the criminal records; (b) the Defendant committed the instant crime by carrying knife; and (c) the female employee is neglected

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