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(영문) 창원지방법원 통영지원 2014.07.17 2014고합30
특수강도
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On November 23, 2011, the Defendant got to purchase tobacco at the “D” convenience store located in Tong Young-si, Si around 04:15 on November 23, 201, and came to know that the victim E (at 28 years of age) who is an employee was a married person, the Defendant expressed his intent to forcibly take money and valuables by threatening the victim by threateninging the victim, left the convenience store, and out the convenience store, and into the above convenience store, followed the victim into the above convenience store with the knife knife, which is a deadly weapon discovered at the nearby construction site, and moved into the above convenience store, and then the victim gets off the above knife with the above knife and knife the knife and knife the 300,000 won in cash on the cash register at that place.

2. The head of the Gu 2014 high-rise54 of October 9, 201, the Defendant: (a) around 18:30 on October 9, 201, the Defendant: (b) on the ground that the head of the Gu, the head of the Gu, “AC straw, AC straw,” and the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Gu, the head of the Gu, on the part of the defendant, were able to keep the victim from the house at three times.

Accordingly, the defendant assaulted the victim who is a spouse's lineal ascendant.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (related to confirmation of the details of card use, application for search, seizure and verification warrant against a new card company, and result of execution of warrant of search, seizure and verification);

1. The fact of paragraph (2) at the time of making a report on the robbery-related photograph;

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs and confirmation data related to lineal ascendants);

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1), 333 of the Criminal Act (the point of special robbery, the choice of limited imprisonment), and Article 260 (2) and (1) of the Criminal Act (the point of violence to a lineal ascendant and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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