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(영문) 부산지방법원 2018.08.31 2018고합320

특수강도

Text

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

The number of seized mother and child (No. 8), the number of flags (No. 9), the number of flags (No. 9), and the list.

Reasons

Criminal facts

On July 2, 2018, around 03:51, the Defendant, at the “D” convenience store located in Gold-gu, Busan, for the purpose of taking things by emphasizing his daily life and taking things against his customers, and entered the place, and then, then, the Defendant, at the victim E (the age of 26) (the total length, 22cm, 11cm in length, 13cm in knife) was in possession of the deadly weapons in advance.

(v) “To die upon filing a report.”

Only floor floor reporting is called only.

(d) The tax base of, and the tax base of, capital. “The victim, who threatened the victim, was unable to resist, had the victim put 637,700 won in a futures market prepared in advance for the purpose of gifting 637,700 won in the calculation unit, and the victim was forced to put 681,00 won in the sum of 4,500 won in the market value and 200 won in the large-sized rice market value of 1,40 won in the market value and 681,00 won in the aggregate of 200 won in the market value and 681,000 won in the household.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Police seizure records;

1. A report on the occurrence of a robbery;

1. Each investigation report (No. 2, 7 through 9, 11 through 14, 16 through 23, 26, 30, 31, 33) and accompanying documents;

1. Application of Acts and subordinate statutes to seized objects, such as a report on the results of field identification, a copy of resident registration card, etc.;

1. Relevant legal provisions of the Criminal Act and Articles 334(2), 334(1), and 333 of the Criminal Act, the choice of imprisonment with prison labor for the crime, and the choice of imprisonment with prison labor for the limited term;

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. Article 48(1)1 and 3 of the Confiscation Criminal Act of the Republic of Korea (Article 48(1)1 and 3 of the same Act (Article 48(1)1 and 3 of the same Act, as well as the seizure of the order, a prosecutor seeks confiscation of one protein (Evidence 1), one set of spacker (Evidence 5), one set of titius (Evidence 6), and one set of sandbre (Evidence 7). However, Article 48(1)1 of the Criminal Act provides that “goods provided or intended to be provided for a criminal act” is subject to confiscation of “goods used for an act directly used for, or closely related to, the act of commission of the crime as the tool of the crime, and the goods provided for the criminal act refers to those goods used for an act that has been committed or is to be provided for a criminal act.