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(영문) 대구지방법원 2016.03.18 2015고합484
특수강도
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2015, the Defendant, at night, had a knifeed the subject of money and valuables by threatening knife people with a knife, and had knife the victim E (43 cm) sited at the entrance of the above Moel parking lot, and flifed the victim out of the telecom.

After confirming that there is no person in the vicinity, the Defendant saw the knife, which is a deadly weapon (20 cm length, 12 cm in knife), with a knife, knife the victim, and knife the knife, which was a deadly weapon with the hnife, and 12 cm in knife, prevented the victim from resisting by threatening to “indubly tax base,” and caused the damage to the knife, by threateninging “indubly tax base,” and g4 cellphones and auxiliary knife the sound to the knife the knife and knife the knife’s market value

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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 one year and three months to seven years;

2. Class 2 (Special Robbery)(Special Robbery) mitigation element on the basis of the general criteria for the scope of punishment and the suspension of execution on the sentencing guidelines: The number of persons who are subject to punishment, the number of persons who are not subject to punishment, the number of persons who are subject to punishment, the number of persons who are subject to punishment, the number of persons who are subject to punishment, and the number of years from March to four (special mitigation area) [the scope of recommendation person subject to general mitigation area] mitigation element: the crime of life penalty, the serious reflect [whether it falls under the criteria for suspension of execution], and

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