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(영문) 수원지방법원 2013.10.15 2013고합588

특수강도등

Text

A defendant shall be punished by imprisonment for three years.

The seized evidence No. 1 shall be returned to the victim C, and the same evidence No. 2 shall be returned.

Reasons

Punishment of the crime

1. Around 17:20 on August 25, 2013, the Defendant: (a) 17:20, as a meal at “E” restaurant located in Ssung-si; (b) broken the small-scale illness into the partitions in the restaurant; and (c) putting the shoulderer’s disease, which is a lethal weapon, on behalf of the victim C (V, 44 years of age), an employee of the said restaurant, who was in charge of calculating the said shoulderer’s disease at the restaurant, and (d) prevents the victim from resisting; and (e) forcibly 30,000 won in cash, which is contained in the depository, was taken by taking it out.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. and damage, etc. to property) brought by the Defendant a gate, which is a dangerous object on the street, without any particular reason, after committing the above crime, and entered the eroding and automation store adjacent to the above restaurant, thereby damaging the screen of the machine of cash withdrawal on the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Article 334 (2) and (1) of the Criminal Act, Articles 334 (2) and (1), and 333 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, the relevant provision on criminal facts, the choice of punishment, and the choice of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 333 (1) of the Criminal Procedure Act for the Return of Victims;

5. Grounds for sentencing under Article 333 (2) and (1) of the Criminal Procedure Act for delivering victims to the victim;

1. Imprisonment with prison labor for a period of two years and six months from the date on which the punishment is imposed by law to June 22;

2. Application of sentencing standards

(a) The basic area of special robbery (the scope of decision-making and recommendation-making in the recommended area) (the scope of decision-making and recommendation-making in the recommended area): Imprisonment with prison labor for three years to six years (the general person): Where the person intends to take money or valuables in a minor amount;

(b) The standard for sentencing the crimes of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.).