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(영문) 부산지방법원 2017.10.20 2017고합377
특수강도
Text

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

However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daegu District Court on June 11, 2015, and the judgment became final and conclusive on the 12th of the same month.

[2] The Defendants and E, on December 16, 2012, set back a distance along with money in around 21:00, when they set back a line. The Defendants and E discovered a key of the Victim G (V, 81 years old) in Busan Jung-gu, and find out a key of the Victim G (V, 81 years old) in Busan, and enter a key of the customers.

After examining the division, the victim was aware of the fact that the victim operates the mixed Schlage and conspired to take the victim's property by force.

At around 21:25 on the same day, Defendants and E reported the network to Schlage’s entrance, and Defendant A got off the victim’s resistance by blocking the victim from being seated in the Kabrter, and Defendant B followed Defendant B from the Kabrter and got off KRW 60,000 in cash owned by the victim under the Kabrter’s book.

As a result, the defendants and E have taken the victim's property jointly.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement of the police statement related to G;

1. Each investigation report (the chief of the police station, suspect, specific suspect, on-site confirmation, suspect A’s concurrent crimes and reports), field inspection place, each on-site photo, fingerprint identification, fingerprint identification, fingerprint identification, response to fingerprint identification at the scene of the crime, and written appraisal [Defendant B] of the facts charged in the instant case, followed Defendant B’s kickter and deducted the cash owned by the victim.

As to the issue, the Defendant asserts that he does not directly take cash.

However, according to the witness E’s legal statement, and the entry of the prosecutor’s protocol on the interrogation of the defendant B, the above facts charged are recognized).

1. Articles 334(2) and 334(1) and 333 of the Criminal Act regarding criminal facts (the Defendants’ choice of imprisonment with prison labor).

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