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(영문) 대구지방법원 김천지원 2018.06.26 2018고합34

특수강도

Text

The punishment of the accused shall be three years of imprisonment.

Seized divers (Evidence No. 1) and 1 on an emergency warning flasher (Evidence. 1).

Reasons

Criminal facts

[criminal records] On June 11, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Seo-gu District Court’s Branch Branch, which completed the execution of the sentence on November 3, 2015.

[Specific criminal facts] The Defendant, around 18:00 on May 8, 2018, sent “E” clothes to the victim D (Woo, 36 years of age) located in Kimcheon-si, Kimcheon-si, and threatened the victim with Raber (No. 1), which was a deadly weapon that was prepared in advance, and prevented the victim from putting the victim’s handbling the victim’s cell phone charging cable into the victim’s cell phone charging cable, and then cut out one copy of the victim’s resident registration certificate from the bank located in the area where the victim’s cell phone charging cable was located in the area, 213,00 won in cash, one telephone carrying phone in the market price, one copy of the victim’s resident registration certificate.

In this regard, he was demoted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against D and G (in the indictment of indictment, the defendant threatened D with D and G by leaving D and D as the victim;

However, even according to the evidence above, the defendant can only recognize the threatening fact by presenting the drone to the victim, and as such, the part concerning the method of crime is corrected and stated as above.

1. Police seizure records and list of seizure;

1. Investigation report (the attachment of suspect's belongings and seized objects, the attachment of cell phone charging cable photographs at will of the victim, the attachment of victim's body photographs, the attachment of the victim's body photographs, the attachment of the list of 112 reported cases to the victim, the attachment of the date DNA photograph, on-site re-verification, and attaching photographs thereto);

1. A report on the results of field identification;

1. Criminal records: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and criminal investigation reports (Attachment to a copy of the court ruling on the same paper, and a copy of the judgment on the record of repeated crimes

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1) and 333 of the Criminal Act concerning the selection of criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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