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(영문) 인천지방법원 부천지원 2017.09.01 2017고합152
특수강도등
Text

A defendant shall be punished by imprisonment for three years.

The victim shall be the victim of a seized knife knife (40 cm in total length, 25 cm in length) 1 cm in length (No. 1).

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On June 14, 2017, at around 04:20, the Defendant: (a) opened a entrance between the locker and intruded into the seat of the seater, and used approximately KRW 370,000,000 in cash owned by the victim in the seat of the seat destination, which was operated by the victim E, from Jun. 14, 2017.

B. On June 25, 2017, at around 01:46, the Defendant: (a) opened a entrance at the Maart operated by the Victim C, which was located in the Dacheon-si F; and (b) intruded into the said Mail-si with one knife, the victim’s possession on the ebbbbbbbbbp gate at the place.

2. Around June 25, 2017, at the convenience store where the victim H (V, 31 years of age) located in Seocheon-si, G on June 25, 2017, the Defendant: (a) was deprived of the victim as above, and was in possession of the victim; (b) prevented the victim from resisting by threatening “D by giving money,” and took 85,000 won in cash, which is part of the payment period, from the victim’s cash withdrawal.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E, H and C;

1. Application of the Acts and subordinate statutes governing seizure records, lists of seizure, evidence 1- kniffic photographs, records of seizure (voluntary submission), list of seizure, No. 2-No. 5 of No. 5 of the said Act and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act regarding the selection of punishment (the occupation of larceny against buildings), Articles 334 (2), 334 (1), and 333 of the Criminal Act (the occupation of special robbery and the choice of organic imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent robbery prescribed in the relevant special robbery with the largest punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons among the reasons for sentencing):

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Two years and six months of imprisonment with prison labor to 22 years and six months of imprisonment with prison labor in the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) special robbery (a type of determination), robbery, general standards;

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