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(영문) 수원지방법원 안산지원 2014.11.28 2014고합317
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

On September 14, 2014, around 05:52, the Defendant entered the convenience store for the operation of the Victim DD in Silung-si, 05:52 on September 14, 2014, and 'E', which is a deadly weapon prepared in advance to the Victim F (M, 20 years of age), who is an employee, of the Defendant's cell line (a dangerous weapon of approximately 4-5cm in length, approximately 20cm in total length).

(e) Opening of credit cooperatives;

‘The cash amounting to KRW 100,000,000, which was entered in the cash register, was deducted.

Accordingly, the defendant forcibly taken another's property by assault or intimidation by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning F;

3. Application of each statute of 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Robbery - General Criteria - Type 2 (Special Robbery);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment for 2 years and 6 months to 4 years ( mitigated areas); and

3. Criteria for suspension of execution;

(a) The major reasons for the entry: (a) the positive factors: the use of dangerous articles; (b) the penalty not being imposed; or

(b) Reasons for general participation: A positive factor: There is no previous conviction or more than a stay of execution, and a serious reflective factor (2): A planned crime;

4. In this case, the decision of sentence is that the defendant forcibly taken cash by entering a convenience store into a new wall and threatening his employees with a deadly weapon, and the nature and circumstances of the crime are not considerably good.

Even if the contents of the crime are examined specifically, the law on the number of crimes is planned, such as preparing for batteries in advance and wearing hats and armores, and the risk of batteries used as a tool for committing the crime could have been damaged if they were to be damaged.

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