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(영문) 서울동부지방법원 2014.06.13 2014고합116
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 7, 2014, at around 01:58, the Defendant: (a) divided the mother and child to cover a face with a view to robbery in his/her own residence in Gwangjin-gu Seoul Special Metropolitan City; (b) concealed and possess excess amount (23 cm in total length, 12 cm in length, and No. 4) to be used for committing the crime at retail (23 cm in total length, 12 cm in length, and No. 4) in retail; and (c) tried to intrude the victim E (42 years in Seoul Special Metropolitan City, Gwangjin-gu) into an employee, for about 30 to 40 minutes in advance of the convenience store in which the victim E (30 to 40 minutes in total length) works as an employee.

2. Around 03:50 on April 7, 2014, the Defendant entered a convenience store operated by the victim G (the age of 67) located in the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Gwangjin-gu (the age of 67), thereby threatening the victim to “to set down safe fishing, knife money,” which is a deadly weapon, to force the victim to resist, and forced the victim to take 320,000 won in cash, which is his/her possession.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. On-site CCTV photographs, transfer of crimes, CCTV photographs, field-verification photographs, and investigation reports (inception investigation, telephone investigation, clothes suffered by a suspect at the time of committing a crime, confirmation of the amount of damage, and reporting on the amount of damage);

1. The application of each existing statute of the Republic of Korea, including one color shielder (No. 1), one schering pattern schering pattern schering in black (No. 2), one schering type schering type schering type schering type schering (No. 3), one sciring type schering type schering type schering (No. 4);

1. Article 334 (2) and (1) of the Criminal Act, Articles 334 (2) and (1), 333 of the Criminal Act, Article 343 of the Criminal Act, and Article 343 of the Criminal Act, which apply to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act 1.

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