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(영문) 인천지방법원 2015.04.16 2014고합830
특수강도
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2014, the Defendant invested KRW 25 million in the Internet game site business, but suffered full loss, and he again tried to meet with sports earth and sand gambling, but at the same time, economic difficulty is very difficult, such as causing damage to 20 million won, etc., the Defendant intending to take away house around November 7, 2014 and forcibly take away another’s property from living expenses while going through the Internet game site in a place not exceeding 25 million.

around 20:50 on November 8, 2014, the Defendant entered the Bupyeong-gu Incheon Bupyeong-gu 2nd Hnopolym bank, and called “the victim I (the 39-year old), who was in possession of the victim I (the 18cm in blade length) in advance,” and called “the victim’s anti-paragraph (the value of all 18cc in knife length).” After suppressing the victim’s anti-paragraph (the value of all knife) by threatening the victim, the Defendant got off the victim’s money and valuables equivalent to KRW 2.85,00 in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif kn.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs, photographs (on-site photographs at the time of inspection), photographs (scambling, gark, cash, merchandise coupon, cellular phone, credit card, wall tag), and photographs (a suspect escape-scambling-scam-scam-scam-spacking photographs);

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal penalty;

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