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(영문) 부산지방법원 동부지원 2015.12.04 2015고합120

강도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

With respect to the person against whom the attachment order is requested, the location tracking electronic device shall be installed for three years.

Reasons

Criminal facts

On July 18, 2008, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for robbery injury and injury in Busan District Court's Dong Branch Branch, and on October 19, 201, the execution of the sentence was completed by the Gwangju Prison on July 19, 201.

【Criminal Facts】

On August 18, 2015, around 03:20 on August 18, 2015, the Defendant visited the victim C (the aged 47) who is the disabled with the first-class brain disease in front of the E convenience store in Suwon-gu, Busan, and provided alcohol together. When the Defendant discovered that the victim had cash to purchase a cigarette, and that the victim was a disabled person who could not use a cigarette at all, he had the intent to forcibly take the wall of the victim.

Accordingly, the Defendant, by one hand, prevented the victim from resisting the victim by using the victim's left hand at a canter, and by other hand, took the victim's left hand at a certain amount of money of KRW 526,00,000, the market price of which includes the victim's cash of KRW 526,00.

[Judgment of the court below] The Defendant, who was sentenced to imprisonment with prison labor for robbery, has committed robbery and has the risk of recommitting robbery within 10 years after the completion of the sentence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report, each photograph, investigation report (site and surrounding search, etc.), investigation report (to be accompanied by a copy of the certificate of disabled person of the victim);

1. Records of seizure and the list of seizure;

1. Previous records: Criminal records, etc. inquiry report (A), investigation report (report accompanied by a copy of the judgment), and personal identification and acceptance status;

1. It is recognized that there is a risk of recommitting robbery by the Defendant, taking into account each of the above evidence as stated in the judgment and the following circumstances acknowledged by a reply to the request prior to the request, as well as the Defendant’s age, character, conduct and environment.

Defendant.