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(영문) 인천지방법원 부천지원 2019.02.13 2018고합290
준특수강도
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

On December 5, 2018, at around 16:45, the Defendant, “D,” operated by Seocheon-si B, by means of the gaps in which the surveillance of the victim E (52 years of age) who is an employee was neglected, attempted to gather the number of 4,000 won in his/her own bank and to keep it as is, but the Defendant’s behavior was seriously observed.

The Defendant: (a) she was able to see the victim’s her face while she called “a person who sent a bank,” and (b) her face was satisfyed twice the victim’s face with a view to evading arrest by thinking the victim to report to the police; and (c) she assaulted the victim, who was in custody in his/her own bank, with a lethal weapon (15cm in total length, 5.5cm in length, 5cm in length), who was in custody in his/her own bank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes governing photographs of victims;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 335 and 334 (2) and (1) of the Criminal Act which choose a penalty;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Reduction elements of types 2 (Special Robbery) (Special Robbery) and reduction factors of punishment on the basis of the sentencing criteria (the scope of decision and recommendation range of the recommending area), reduction areas of punishment (the scope of decision and recommendation range of the recommending area), 2 years and 6 months and 4 years.

3. The crime of this case by which the Defendant committed an assault on several occasions against the victim, who had worked as an employee for the purpose of evading arrest by cutting down knife the knife and knife the knife and knife the knife, etc., in light of the method and risk of the crime, etc., is disadvantageous.

On the other hand.

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