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(영문) 인천지방법원 2016.04.18 2015고합441

특수강도등

Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

The seized knife knife limit.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to imprisonment for two years with labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Incheon District Court on December 26, 2013, and the judgment became final and conclusive on January 3, 2014.

[Criminal facts]

1. From June 23, 2015, the Defendants of special robbery: (a) as a know-how who gets a park, etc. entering a park, etc. without a special residence; (b) around 12:10 on June 23, 2015, the Defendants discovered the victim D (66 years of age) who fessing alcohol at the event inside the “F Park” located in Gyeyang-gu Incheon Gyeyang-gu, and fsing alcohol after suggesting that the victim drinks alcohol together with the victim; and (c) the Defendant Company Company: (a) demanded that the victim “dice alcohol so that he does not drink; (b) the victim’s face is “no money,” and (c) the victim’s face can be seen as “in sight of the amount of alcohol so that there is no money, so that the victim’s face cannot be known”; and (d) Defendant B also deducted the victim’s face when the victim’s face cannot be taken by hand.

In the end, the Defendants jointly taken the victim's property by assault.

2. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) took the victim’s visibility as described in the above paragraph (1) from around 13:48 on June 23, 2015 to around 14:00 on the same day, Defendant A took the face of the victim who sits in the bench by hand, taken the victim 10 times at about 10 times from the victim’s face of drinking and salpinging on the floor, and Defendant B took her face of the victim’s face and salpinging on the floor. Defendant B took the body of the victim’s face used on the bened floor, and walked so that the victim cannot know the number of days of treatment.

Ultimately, the Defendants jointly inflicted injury on the victim.

Summary of Evidence

[Judgment]

1. The Defendants’ respective legal statements

1. Defendant B.