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(영문) 대구지방법원 김천지원 2013.07.05 2013고합57

특수강도

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant, on the ground of the lack of import from the wind that he retired from his workplace, suspended the use of a mobile phone due to the unpaid charge for the mobile phone, brought in the kitchen knick, which is a dangerous weapon in the Defendant’s home, by threatening those who go with a lethal weapon to raise the charge, and put the kitchen knick, which is a dangerous weapon in the Defendant’s house, into the kitchen knife and knife the kitchen knife.

Around 00:25 on April 25, 2013, the Defendant: (a) 200:25 on the front of the building of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Gu, the Defendant reported the occurrence of the e-si driven by the victim D (55 years of age) and boarded the victim “I am waiting for the reserve forces training site, so I am you am.....................) on the same day, at around 00:50 on the day, the Defendant arrived before the training site of the reserve forces in the Gu of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Gu; (b) on the front of the 196th day, the kitchen knife of the victim; and (c) on the back of the report, the Defendant was unable to resist the victim; and (d) on the victim, (d) 5000, the city of the city of the city of the city of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Police investigation report (with respect to discovery of the blades and smartphones which are damaged goods, on the register of seized goods, on the register of their photographs, kitchen blades used in committing the crime, and on the result of search of damaged goods);

1. Application of the Acts and subordinate statutes of the police investigation report;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Confiscation Article 48 of the Criminal Act