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(영문) 서울남부지방법원 2019.10.17 2019고합307

특수강도

Text

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

The seized one knife (No. 1) and one excessive (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

On August 1, 2019, the Defendant refused to pay taxi charges of KRW 11,300, in front of the entrance of Yangcheon-gu Seoul apartment on August 12:20, 2019, the Defendant stated “A knife the taxi driver (72 years of age), “A knife the taxi driver, knife the knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knif knif knif.).”

로 택시의 조수석 시트를 찌르고, 계속하여 손에 쥐고 있던 칼로 피해자의 복부를 향해 찌르는 시늉을 하고, 피해자에게 “나 이거 먹이러 왔어요, 칼먹이러, 이거 드려요”라는 등의 말을 하고, 택시에서 하차한 후 도주하였다.

Accordingly, the defendant threatened the victim with a deadly weapon and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. A report on investigation (verification of victim taxi stuff images) and a report on investigation (verification of details of receipt of a report and processing of such report);

1. Photographs (knife, content of damage, place of finding knife), black stuffs image photographs;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.