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(영문) 인천지방법원 부천지원 2013.04.26 2013고합46
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

1. On February 12, 2013, around 04:34, the Defendant intruded into “F” convenience points operated by the victim E in Kimpo-si, Kimpo-si, and took off approximately KRW 500,000 in cash from that point to the effect that the Defendant, an employee, who was preparing in advance to the victim G (the age of 19), took a deadly weapon ( approximately 28 cm in total length, approximately 16 cm in length, and No. 1) with a deadly weapon that he was in possession, and did not resist the Defendant, who was in possession of the victim G. (the age of 19).

2. On February 17, 2013, around 05:20, the Defendant intruded into the “I” convenience store operated by the victim E in Kimpo-si, Kimpo-si, and prevented the victim J (18 years of age) who is an employee from resisting in the same manner as the above paragraph (1), and took away approximately KRW 296,00 in cash, and 3 cigarette.

3. On February 17, 2013, around 06:10 on February 17, 2013, the Defendant intruded into the “M” convenience store operated by the victim L in Seo-gu Incheon, Seo-gu, Incheon, and prevented the Defendant from resisting by threatening the victim N (20 years of age) who is an employee in the same manner as the above paragraph (1), and forcibly deprived the Defendant of KRW 550,000 in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning L or G;

1. Each statement of E, J and N;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Each report on investigation;

1. Report on the results of each field identification, records of field identification, video CDs in each case;

1. Application of the respective existing Acts and subordinate statutes in subparagraphs 1, 2, 3, and 6 of this Article;

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (Aggravation of concurrent crimes as provided for in Article 3 of the Judgment with the largest offense)

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 same shall apply to reasons for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act for forfeiture: Imprisonment with prison labor for not less than two years and six months from June to June, 22.

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