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(영문) 창원지방법원 밀양지원 2016.09.30 2016고합3

특수강도등

Text

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

Seized evidence 1, 3, and 6 shall be confiscated.

No. 2 of the seized evidence.

Reasons

Punishment of the crime

[2016 Gohap 3] On January 8, 2016, the Defendant collected money from the victim E (n, 31 years of age) who is an employee at the D convenience store located in Syang-si, D on January 8, 2016, with a view to carrying out the mixed cleaning of the victim E (n, 31 years of age) and entered the same as a deadly weapon prepared in advance.

“Intimidating the victim’s resistance, 190,000 won in cash owned by the victim’s name, the owner of the above convenience store, who was the owner of the victim’s above convenience store, was forced to take the victim’s resistance from the victim.

On January 3, 2016, 2016, the Defendant made a false statement that he would send PS non-other games when he first deposits money to the victim G at the Defendant’s home, which was known through the Internet 18:13 Dong-dong 312, a medium-sized goods trading site, at the Defendant’s house.

However, even if the defendant received money from the injured party, he did not have the intent or ability to sell the game machine.

As above, the Defendant: (a) by deceiving the victim; (b) received 100,000 won from the victim’s bank account to the Defendant’s name; and (c) received 100,000 won from the victim to the Defendant’s bank account; and (d) received 332,000 won in total on four occasions as shown in the List of Crimes

Summary of Evidence

"2016 Gohap 3"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each protocol and list of seizure;

1. A report on the results of field identification;

1. 112 Reporting case handling table;

1. One CD in the field of identification, on-site search and seizure photographs, and CCTV images of DNA convenience stores “2016, 2016, 17;

1. Statement by the defendant in court;

1. Each statement of G, H, I, and J;

1. Application of the relevant Acts and subordinate statutes to details of transfer and provision of financial transaction information;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 334(2), 334(1), 333 of the Criminal Act (special robbery, choice of imprisonment with prison labor), and Article 347(1) of the Criminal Act (the fraud point, choice of imprisonment with prison labor)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the largest punishment) of the Criminal Act for the aggravation of concurrent crimes.