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(영문) 인천지방법원 2014.10.31 2014고합399

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 became final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2014, at around 21:50 on June 23, 2014, the Defendant: (a) entered the Emart operated by the victim C (the age of 51) in Jung-gu Incheon, Jung-gu, Incheon; (b) made use of the knife for cutting off the task of the victim; and (c) threatened the victim with excessive ( approximately 10cm in total) which is a de facto deadly deadly weapon that he saw, “insent to the tax base of, and to the tax base of, money,” thereby preventing the victim from resisting. In this case, the victim took one of the Samsung Ggaltho Smartphone, the market value of the victim’s possession, which was located on the display stand outside the said Em, and 80,000,000 won.

Accordingly, the defendant took the victim's property while carrying a deadly weapon.

2. 피해자 F에 대한 범행 피고인은 전항과 같은 날 22:10경 인천 중구 G에 있는 피해자 F(79세)이 운영하는 H낚시센터에 들어가 피해자에게 흉기인 전항의 과도를 들이대고 “꼼짝마, 오늘 판 돈 내 놓아라”라고 협박하여 피해자가 반항하지 못하게 하고, 이에 겁을 먹은 피해자가 돈을 보관하는 서랍을 열어주자 그 안에 들어있던 피해자 소유인 현금 70만 원을 꺼내어 갔다.

Accordingly, the defendant took the victim's property while carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 334 (2) and (1) and Article 333 of the Criminal Act concerning the applicable law and the choice of punishment for the crimes;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. 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), among concurrent crimes;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. The recommended sentencing criteria; and

(a)the type of each special robbery;