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(영문) 인천지방법원 2016.07.04 2016고합240

특수강도등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had suffered economic difficulties, such as delayed payment of mobile phone charges, and had his personal intruded on the convenience store located on the alleyway with the mind to force the taking of cash.

1. On April 6, 2016, at around 07:57, the Defendant: (a) opened a entrance at the “F convenience point” under the control of the Victim E (F, 21 years of age) located in Seo-gu Incheon, Seo-gu, Incheon; (b) made preparations in advance and up the victim with a deadly weapon, thereby threateninging the victim to “the victim,” and “the victim’s head, knife, knife, and knife, knife, knife,” and “the victim’s head, knife, knife,” and (c) took the 170,000 won in cash at the knife’s depository after suppressing the victim’s resistance.

In the end, the Defendant took the property while carrying a deadly weapon.

2. The Defendant infringed upon a special structure at the above time, at the above place, carried with him any dangerous weapon, and invaded upon the structure managed by the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Entry of each part of the protocol concerning the examination of the suspect in the prosecution or the police against the defendant;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Photographss of seized articles, and photographs of each CCTV course and photographs of the place of occurrence;

1. Determination on the assertion of the defendant and his/her defense counsel as to each investigation report (on-site temporary investigation and CCTV investigation, and on-site CCTV confirmation)

1. 주장의 요지 피고인은 이 사건 범행 당시 흉기인 과도를 휴대하여 위 과도를 피해자에게 겨누거나 피해자의 배 쪽에 들이댄 사실이 없고, 단지 편의점에 가는 길에 습득한 길이 한 뼘( 약 20cm) 정도, 너비 4~5cm, 두께 화투장 4~5 장 정도의 길쭉한 플라스틱 조각을 흉기인 것처럼 피해자에게 보여준 사실이 있을 뿐이다.

Therefore, the defendant is a special robbery.