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(영문) 서울중앙지방법원 2015.09.10 2015고합725

강도

Text

A defendant shall be punished by imprisonment for two years.

One (No. 1) of the seized toy model (No. 1) and shot shot shots.

Reasons

Punishment of the crime

The Defendant, as a delivery service provider of over June 26, 2014, was under work cancer surgery, and around May 30, 2015, when it is difficult for the Defendant to properly perform the work, such as being faced with a traffic accident, etc., the Defendant attempted to take cash by threatening-gu Seoul Metropolitan Government, where the amount of debt borrowed from the bond manager and his/her land manager reaches approximately KRW 43 million, and pressure on the repayment of debt would be serious, and the Defendant was able to take pressure on the repayment of debt by threatening-gu, Seoul Metropolitan Government, where there is no police assigned for special guard.

피고인은 2015. 7. 20. 12:20경 위 D에서, 검정색 헬멧을 쓰고 안으로 들어가 창구에서 대기 중이던 손님 E의 뒤에서 목을 팔로 감아 조른 후 창구 안으로 끌고 가며 미리 준비한 장난감 권총을 마치 진정한 권총인 것처럼 E의 등에 대고 D 직원 F 등 직원들을 향해 “돈 내놔라, 엎드려, 내가 총 3발이 있는데 셋 셀 동안 내놓지 않으면 쏴버린다”라고 위협하여 E 및 F 등 직원들이 반항하지 못하게 한 후 창고 안쪽 직원들의 책상 서랍에 들어 있는 피해자 D 소유인 현금 24,575,000원을 꺼내 빼앗아 가서 강취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A criminal investigation report (D times prior to committing a crime), a criminal investigation report (D scene of committing a crime), and a criminal investigation report (the head of a crime of cutting off DNA images);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 33 of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations on the sentencing criteria (determination of types), robbery, general standards, Type 1 (General Robbery): Aggravation factors: robbery by financial institutions (Scope of recommendations) and the area of aggravation of the punishment, 3 years to 6 years.

3. In the instant case, the Defendant’s toy pistols during the business hours of the financial institution.