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(영문) 광주지방법원 목포지원 2018.08.16 2018고합39
특수강도
Text

A defendant shall be punished by imprisonment for three years.

A type of kitchen (No. 1) that has been seized shall be confiscated.

Reasons

Punishment of the crime

The defendant found his convenience store because he had no money in the water and did not drink liquors and tobacco, and had knife his knife his employees to threaten his employees and force his cash.

On May 12, 2018, the Defendant: (a) at C convenience stores located in Sinpo City B around 17:24 on May 12, 2018; (b) took a knife (30cm in total length, 19cm in length) with a deadly weapon prepared in advance for the victim D (26 cm) who is an employee; and (c) prevented the Defendant from resisting “in exchange for money”; and (d) took a 682,000 won in cash managed by the victimized Party’s imprisonment without prison labor.

They go back.

Accordingly, the defendant took the property of others by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (seven pages of investigation records), and a criminal investigation report (verification of CCTV images at convenience points);

1. Deadly weapons, on-site photographs, and photographs (not more than 54 pages of investigation records);

1. Application of CCTV video-related Acts and subordinate statutes to convenience stores;

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. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Act are showing symptoms of normal alcohol addiction, and the defendant shows a mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime.

However, according to the above evidence, even though the defendant shows symptoms of normal alcohol addiction, and was found to have drank at the time of committing the crime, in light of various circumstances such as the defendant's statement attitude in the investigative agency and this court, and the defendant prepared in advance and planned to commit the crime of this case, the defendant is capable of distinguishing things or making decisions at the time of committing the crime due to the symptoms of alcohol addiction or drinking condition.

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