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(영문) 창원지방법원 진주지원 2015.10.15 2015고합93

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 10, 2008, the Defendant was sentenced to imprisonment with prison labor and six months at the Busan District Court for fraud, etc., and the judgment became final and conclusive on December 5, 2008.

1. Around 20:40 on May 9, 2008, the Defendant issued an order of coffee at “E” coffee, which was operated by the victim D (Woo, 53 years of age) in Jinju-si, and took the body of the victim, and took the body of the victim, “I am fright. I am together with a deadly weapon, which was put in danger of drinking the excessive work by taking advantage of the crepans without customers, while taking advantage of the cresh in the food so that I am.” The Defendant d's special robbery took the body of the victim, “I am. I am. I am. I am back with the victim's 50,00 won in cash, and took the knish from the victim so that I would not resist.

2. On May 9, 2008, the Defendant purchased one gold 1,430,000 won from the HJ bank operated by the Victim G in Jinju-si, Jinju-si, which was executed by the Defendant, and submitted the said FF card to the victim as if he had due authority and signed the sales slip as if he had due authority, and deceiving the victim by deceiving the victim by signing the sales slip, etc., and then the Defendant received one above gold frith from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A written appraisal;

1. Application of Acts and subordinate statutes to sales slips, criminal tools photographs, photographs (pre-post records), criminal records, etc., and criminal investigation reports (integrated inquiry reports) and investigation reports;

1. Article 334 (2) and (1) of the Criminal Act, Articles 334 (2) and (1), 333 of the Criminal Act, and Article 347 (1) of the Criminal Act (Fraud point and choice of imprisonment with prison labor) concerning criminal facts;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between crimes and the first head of the crime for which judgment has become final and conclusive);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.