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(영문) 춘천지방법원 2016.10.18 2016고합59

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

around 03:30 on August 1, 2016, the Defendant: (a) pretended to be a customer of the victim’s name in Switzerland-si, Chuncheon-si; (b) ordered an employee E (at 27 years of age) to make the said 2 A of the tobacco; (c) ordered the said E to make the said 2 A of the tobacco; and (d) prevented the Defendant from resisting the 210,000 won in cash and the said 2 A of the tobacco (or an amount equivalent to 4,500 won at each market price) by taking the 27 years of age from the victim’s name to the said 2 A of the tobacco; and (b) prevented the Defendant from resisting the 2 A of the shoulder, which was prepared in advance, by threatening the said E to the “inducian-si with a deadly weapon,” taking the property owned by the victim’s name.

around 06:45, July 17, 2016, the Defendant pretended customers at the H convenience point of the operation of the Damage G (the age of 48) located in Bupyeong-gu, Incheon, Bupyeong-gu, and the first floor, and tried to take property by threatening the victim to “influence with a deadly weapon,” and by threatening the victim to “influence with a deadly weapon,” and by threatening the victim to “influence with a deadly weapon,” but the victim tried to take property by force. However, the victim did not go against his hand and her will, and did not go against the intent.

Summary of Evidence

"2016, 59"

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. "Notification of the results of appraisal of fingerprints at the scene of crime" in the investigation report (related to the attachment of CCTV photographs within convenience points), investigation report (related to the raising of a suspect), investigation report (Attachment of photographs of seized objects), and fingerprinting at the scene of crime;

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to compilation data of CCTV images at the site of the case and reports on site identification;

1. Article 334 (2) and Article 333 of the Criminal Act, Articles 34 (2) and 333 of the Criminal Act, Articles 342, 334 (2), and 333 of the Criminal Act, the choice of imprisonment for a limited term concerning the crime, the choice of a punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment determined for a serious special robbery);

1. Discretionary mitigation;