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(영문) 인천지방법원 2013.12.13 2013고합725

특수강도등

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 24, 2013, the Defendant, at the convenience point managed by the victim D (Woo, 21 years of age) in Namdong-gu Incheon Metropolitan City around 02:09 on October 24, 2013, the Defendant: (a) took a deadly weapon (10cc in length, 13cc in knife length) that was prepared in advance by the victim to take a deadly weapon (10cm in knife, 13cc in knife) that was prepared in advance to take out tobacco from the victim; and (b) took the victim into consideration the victim’s injury by taking a deadly weapon (10cm in knife, knife, knife, knife, knife, knife, knife, knife, knife 192,700 won in the market price.

2. On October 28, 2013, the Defendant attempted special robbery: (a) around 03:15, 2013, the Hashes under the control of the Victim G (Woo, 56 years of age) of the Nam-gu Incheon Nam-gu, Incheon, saying, “I am 1rd liquor tax on the horse,” and said, “I am 10cm in length and 13cc in length in length of the knife)” and “I am am knife in the body of the victim,” thereby making the victim’s money and valuables difficult to resist; (b) but (c) the Defendant attempted to withdraw money and valuables, “I am knife, I am knife, I am knife,” and failed to escape to the body of the victim, thereby doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Each investigation report (CCTV investigation, each outboard investigation, emergency seizure, statement of a suspect, request for detention warrant, and specific suspect);

1. CCTV photographs inside convenience stores and each CCTV photograph;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1), 333 (Special Robbery and Selection of Imprisonment) of the Criminal Act, Articles 342, 334 (2) and (1), 333 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment as provided for in a special robbery heavier than an aggravated punishment).