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(영문) 수원지방법원 2012.11.14 2012고합823

특수강도

Text

A defendant shall be punished by imprisonment for three years.

The seizure records of the seized knife District Prosecutors' Office 2012No. 2428.

Reasons

Punishment of the crime

At around 01:50 on September 1, 2012, the Defendant boarded the victim C (the age of 42) in the vicinity of the starting-gu rental boat in Ansan-si.

At around 02:57 on the same day, the Defendant, who arrived at the front road of Suwon-si E, and demanded from the victim to pay the taxi fare of KRW 50,00,000, obtained economic benefits equivalent to the same amount by leaving the kitchen, which is a dangerous object, such as the kitchen, in order to escape from paying the taxi fare of KRW 50,00,00, by threatening the victim by left hand, and by avoiding the payment of KRW 50,000 of the taxi fare from the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to the place of criminal investigation, investigation report (112 reported details and the details of the receipt of the case), 112 report receipt and treatment records of crime, photographs of seized articles, investigation report (Attachment to the back seat photograph of the damaged vehicle on which the suspect boards the damaged vehicle), and taxi photographs;

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the facts constituting an offense, and Article 334 (2) and (1) of the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Imprisonment with prison labor for not less than two years and not more than 6 months but not more than 15 years;

2. Application of the sentencing criteria (Categories of Crimes), the general criteria, and the absence of Type II (Special Robbery) (Scope of Recommendation), the basic area (a period of not less than three years but not more than six years).

3. The crime of this case with a deadly weapon, where the defendant took property benefits from the victim, and the defendant is a passenger of the taxi driving by the victim, and is not guilty of the crime in light of the Criminal Procedure Act, such as avoiding the payment of taxi charges by threatening the victim with a deadly weapon, and prepares a deadly weapon in advance.