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(영문) 대전지방법원 천안지원 2013.11.20 2013고합210
특수강도
Text

A defendant shall be punished by imprisonment for three years.

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 October 2, 2013, the Defendant, who received demand from the borrower, purchased the transition knife (20cm in total length, 10cm in knife length) which is a deadly weapon to be used for committing the crime at the convenience store.

Around 08:20 on the same day, the Defendant d (n, 63 years of age) operated by the victim D (n, 63 years of age) in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, by threatening the victim to “I will die on the part of the victim’s ship by cutting off the excessive knife prepared in advance on his left hand by leaving the knife on the part of the victim’s ship.” The Defendant d (n, 63 years of age), by threatening the victim to “I will die on the part of the victim’s ship.” The Defendant d) forced the victim’s resistance from the victim, 20,000 won in cash, 60,000 won in cash of the victim’s knife-gu, and flife-gu, and 1,6660,000 won in cash of the victim’s knife-knife-k, and took off the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Each entry in the records of seizure and the list of seized articles and images of seized articles;

1. Application of each Act and subordinate statute to video materials of each field photograph, field box box box, urban bus screen box, and CCTV image materials of apartment houses in which the defendant resides;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

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 (The following consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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

2. Application of the sentencing criteria (determination of type) robbery.

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