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(영문) 대구지방법원 안동지원 2013.04.12 2013고합13
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

Defendant,

1. On February 16, 2013, around 02:05, the victim F (the 54-year-old) who was the owner of the E convenience store in Ansan-si D was identified as being mixed with the victim, and paid the tobacco value as if the victim were to live in the convenience store, and then the victim took a deadly weapon (the 10cm length of the knive day, No. 5) which was hidden inside the safe to bring the victim into the safe in return for the money, and then taken the victim back the excessive amount (the 10cm length of the knive day, No. 5) which was hidden in the knive machine (the knives of the knives, No. 169,000 won, which is owned by the victim, after the victim’s intimidation was unable to resist, and the victim took a 16

2. On February 17, 2013: (a) around 03:15, at the H convenience point located in Ansan-si G, and entered the same method as that of paragraph (1), and took action as if the tobacco were consumed; (b) took a deadly weapon, which was hidden in the singular machine, and embling the above excessive excess, which was a deadly weapon that was hidden in the singular machine, and embling the victim C (e.g., 20 years of age) who was an employee, thereby threateninging the victim as “indu, within the amount of money,” thereby preventing the victim from resisting, and then taking a cash964,

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

2. Selection of punishment, and limited imprisonment;

3. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Crimes of Special Robbery against Victims C with heavy penalty).

4. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing):

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

6. Probation and community service order under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

7. Article 48 (1) 1 of the Criminal Act to be confiscated;

8. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act to return victims;

1. Legal penalty;

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