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(영문) 수원지방법원 안산지원 2015.05.01 2015고합2
특수강도
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On September 22, 2014, around 02:41, the Defendant: “D” convenience stores located in B, U.S., an employee E (23 years of age) takes a hole strawner ( approximately 30 cm in length) which is a dangerous object brought about in the house from his house, and said, “Before the head is broken off, he shall be subject to the imposition of tax and the imposition of tax on cash,” and “250,000 won as stated in the written indictment of KRW 225,00,00,000, which is contained in the cash register above the accounting unit, appears to be a clerical error.

A person who gets back his ship.

Accordingly, the defendant forcibly taken another's property by taking dangerous things into custody.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. Application of each statute of photograph;

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

2. Legal mitigation under Articles 52 (1) and 55 (1) 3 of the Criminal Act;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

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

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: Robbery - General Criteria - Type 2 (Special Robbery);

(b) Special penal factors: Disapproval of punishment;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

(d) Criteria for the suspension of execution (1) The main reasons for the suspension of execution (a) the positive factors: the exemption of punishment or the negative factors that have no record of criminal punishment: (b) the use of dangerous articles (2) the positive factors: the self-denunciation, the serious reflective factors (b): the planned crime;

3. In this case, the decision of sentence is made by the defendant entering a convenience store during one night and taking cash by threatening an employee victim to tampers, which are dangerous things, and the nature and circumstances of the crime are not considerably good.

Even if specifically examining the contents of the crime, the Defendant committed the crime in a planned manner, such as preparing a hole spawir in advance.

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