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(영문) 대전지방법원 홍성지원 2014.07.24 2014고합12

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Daejeon District Court's red support on April 15, 201 and completed the execution of the sentence in the Ansan Prison on January 17, 20

1. A special robbery: (a) around 02:00 on December 30, 2013, the Defendant: (b) removed toilet windows from the victim D’s “E” located in Chungcheongnam-gun Hong-gun, Hongsung-gun; (c) obstructed the victim’s second floor where the victim was enjoyed; (d) prevented the victim from resisting against the victim; and (e) 5 million won in cash owned by the victim, which was placed in the victim’s head; (d) 1 gold metal of KRW 1.4 million in market price; and (e) 18k gold metal of KRW 500,000 in market price; (e) 400,000 in market price; (e) 18k gold metal of KRW 300,00 in market price; and (e) 280,000 square meters in market price; and (e) 300,000 won in market price.

2. At night, around 02:30 on December 30, 2013, the Defendant: (a) intruded the victim G management “H” located in Hongsung-gun, Hongsung-gun, by a gate not corrected; and (b) stolen a 3.5 million won of cash owned by the victim, which had been kept in a c.50,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Report on occurrence of a theft;

1. Investigation report (on-site confirmation and investigations of victims);

1. G statements;

1. Requests for each on-site photograph, each CCTV data or photograph, and a response to the satisfaction of a leaptable appraisal;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 334 (1), 333 (Special Robbery and Selection of Imprisonment) and 330 (a point of night larceny) of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes (Provided, That the proviso of Article 42 of the Criminal Act shall apply to special robbery);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.