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(영문) 부산지방법원 2015.04.27 2015고합78
특수강도등
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

1. Around 02:50 on January 19, 2015, the Defendant, at the “E Convenience store” located in Busan Dong-gu, Busan, took a deadly weapon (27 years of age) against the victim F (hereinafter “F”), who is an employee, and prevented the Defendant from resisting the victim by threateninging the victim to “a deadly weapons” (22 cm in total length, 12 cm in the blade length), and then deducted the victim of cash 135,000 won managed by the victim who was located in the Kackdong-gu, Busan.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

2. A thief: (a) on January 2015, the Defendant: (b) entered the h in Busan Dong-gu, Busan; (c) brought about three studios at a free time equivalent to KRW 8,400 at the market price of the victim I, who was located in the display stand, in a crepan; (d) around that time, the Defendant stolen the property totaling of KRW 90,100 at the market price on six occasions, as indicated in the [Attachment List] at the convenience store of the members of the Seocho-dong, Busan, at the convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F and J;

1. Each statement of I, K, L, M and N;

1. Reports on internal investigation, reports on the occurrence of robbery at convenience stores, reports on the results of field identification at each site, reports on requests for appraisal, reports on requests for appraisal, and reports on actual conditions;

1. Each investigation report (the sequence 11, 12, 13, 16, 17, 47, 48 of the evidence list);

1. On-site photographs and CCTV photographs;

1. Application of the Acts and subordinate statutes of excessive rupture (No. 1), one knife (No. 13), one strong rupture (No. 12) seized;

1. Relevant legal provisions concerning criminal facts, Article 334 (2) and (1) of the Criminal Act that choose a punishment (the occupation of robbery with a deadly weapon and the choice of a limited imprisonment), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the heavier special robbery);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable reasons among the following reasons for sentencing):

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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