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(영문) 전주지방법원 2016.01.21 2015고합190

특수강도

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant heard that he would introduce female workers from his name influences, and asked a gold bar of KRW 2.10,000 at the market price to the secondhand shop. However, in order to find money that he lost as a result of disposing of the gold bar without introducing female workers, the Defendant saw his employees into a convenience store and received money by threatening them with a deadly weapon.

On November 30, 2015, the Defendant: (a) at “D convenience store” located in Yansan-gu Seoul Metropolitan City, Jeonju-si, on November 30, 2015; (b) at “D convenience store”, the Defendant: (c) confirms that the victim E (18) who is an employee is working alone; and (d) took a deadly weapon that brought about at home (30cm, 20cm in length of knife) on his hand; (b) provided the victim with money in his/her treasury.

“I, however, hear the horses that “I,” from the injured person, “I am arbling the secret number of I amba,” and again, I am arbling all things in the fourth Australia.

The phrase “no person”, however, means that a person who was suffering from the injury, sees his or her speech, sees the cash register located in the Roter, and sees it before the death;

The phrase “A” and “D” in which the victim’s reflects the victim’s resistance, and then cut off the victim’s materials equivalent to KRW 8,400, the market price of KRW 2A and the market price of KRW 400,00 from the victim.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records, internal investigation reports (referring to the collection and photographing of some of relevant witnesses and damaged articles), investigation reports (referring to hearing of the situation at the time of the other party to the occupation and CCTV reading at convenience stores);

1. Application of the Acts and subordinate statutes to photographs (Seizure and CCTV within convenience stores);

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following grounds for sentencing)