(영문) 울산지방법원 2017.10.13 2017고합268



A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 3 shall be confiscated.


Punishment of the crime

1. When the Defendant was suffering from economic difficulties, such as failure to properly operate a private teaching institute, etc., the Defendant prepared, in advance, criminal tools, such as knife and knife, knife, knife, knife, knife, and knife, to be used in committing robbery, from the victim C (M. 88) who was aware

On August 21, 2017, the Defendant, at around 10:17, when the victim was waiting in front of the entrance, until the opening of the entrance to open the apartment in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant: (a) opened the entrance to open the entrance; (b) opened the entrance to out; (c) opened the entrance to the outside; (d) opened the front of the entrance; and (d) threatened the victim with a knife-ket (18cc in the length of the knife) with a knife, which is a dangerous weapon; and (e) threatened the victim to re-enter into the house.

The defendant continued to open the victim to the floor of his ward where he is located, divided the part of the victim's shoulder by hand, and prevented the victim from causing the victim, and then the victim knife the knife with the knife and put the money, passbook, and painting.

“Intimid intimidation the victim prevented from resisting against the victim, the victim took 32,000 won in cash, which is his/her possession, from the victim, thereby getting the victim forced to resist.

2. On August 21, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a GYF small-scale car without obtaining a driver’s license in the section of about 10 km from the “multi-family apartment building” to the F Institute of “Defendant’s Operation in Ulsan-gu E” at around 10 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each protocol of seizure and list of seizure, each photograph, ledger of driver's license for automobiles, and each investigation report;

1. Relevant legal provisions of the Criminal Act, Articles 334(2), 334(1), 333 of the Criminal Act (special robbery, choice of imprisonment with prison labor), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment with prison labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.