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(영문) 수원지방법원 2016.12.27 2016고합385
특수강도
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 01:00 on March 6, 201, the Defendant paid 30,000 won of the drinking value to the victim from 04:30 on the same day to 05:50 on the main point of “E” operated by the victim D (n, 60 years of age) in Suwon-si C, and issued an additional order for beer 2 disease between 04:30 on the same day and 05:50 on the ground that the victim additionally changed KRW 10,000 on the ground that “I want to be killed. I want to do so. I want to do so. I want to do so. I will do so within 10,000 on the part of the victim’s left head, one time, and then cut 30,000 won from the victim’s to the beer’s bed, and then the victim’s bed with the bed with the beer’s bed.”

As a result, the Defendant made the victim not to resist by using the cryprising beer and beer, which is a lethal weapon, so that the Defendant took 30,000 won in cash owned by the victim from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police investigation report (Attachment of on-site photographs), prosecution investigation report (to hear statements by the victim's DNA phone);

1. A copy of the first-aid services log and an appraisal report;

1. Application of Acts and subordinate statutes to each evidence photographic (victim's upper part, on-site photograph);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the general standards for robbery crimes: Type 2 (Special Mitigation) [Special Mitigation] and the mitigated area of punishment [decision of the recommended area] and the mitigated area of punishment [the scope of recommending area], two years and six months to four years.

3. The crime of this case by which the sentence of sentence was determined shall be be the beer and disease of the defendant.

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