beta
(영문) 인천지방법원 2017.05.19 2017고합155

특수강도

Text

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

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant, at the victim C (26 years old)’s main point operated by the Victim C (26 years old), was an employee for about two months and was left alone, and the victim was able to ignore himself/herself at ordinary times, and the Defendant would be easy to mislead.

Even though it was merely a fact that the defendant had a good appraisal on the ground that the defendant was declared to terminate his work.

During that period, the Defendant had no certain revenue and property by closing his work, and had been aware that the victim did not possess cash at his hand, with the awareness that he did not hold money.

On March 15, 2017, at around 08:30 on March 15, 2017, the Defendant discovered the victim who was divingd from the driver's seat of the Grand River in Gyeyang-gu Incheon, Incheon.

The Defendant: (a) opened a kitchen, which is a deadly weapon prepared in advance; (b) made it impossible to resist the part of the victim’s right side knife on one occasion by using the kitchen knife (31cc in total length, 19cc in knife length), which is a deadly weapon in advance; and (c) took a 100,00 won check, which is the victim’s possession on the driver’s seat meter, 5,00 won in cash, 5,31,00 won in 10,000 US dollars 2, 10,000 US dollars 1,23, 10,000 UN, 10,000 US dollars 1,000 in 10,000 Korean bank deposit account; (d) one driver’s license; and (e) a seed 90,000 Korean market price on one resident registration certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes, such as site photographs and photographs of seized articles;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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. Scope of punishment by law: Imprisonment with prison labor for not less than two years and six months - 15 years;

2. The application of the sentencing criteria [the type of determination] No. 2 (Special Robbery) (the scope of recommended punishment) shall be the general standard for robbery crimes.