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(영문) 수원지방법원 2016.06.09 2016고합220
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 April 24, 2016, the Defendant was on the back seat of the F-si driven by the victim E on the front road located in the sphere C at Suwon-si, Suwon-si, Suwon-si.

The Defendant 20:12 on the same day, when the victim was in front of the Helel G located in Suwon-si G in Suwon-si, and the victim demanded taxi expenses. The Defendant saw the kitchen knife (29cm in total length, 17cm in knife) of the kitchen, which is a deadly weapon in possession of the inside strings, and 17cm in knife of the victim.

The term “the victim” and “the victim could not resist as a threat to the victim,” and thereafter, the taxi 11,600 won was escaped from the taxi and the taxi 11,600 won was exempted from the payment of the taxi fee, thereby obtaining economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Police seizure records;

1. Investigation report (whether a suspect is in cash and confirmation of the balance of the card), investigation report (Attachment to a photograph of a photograph by the black stuff image situation);

1. A taxi charge receipt and an Internet map output;

1. Application of the laws and regulations on taxi booms video CDs;

1. Articles 334 (2) and 334 (1) and 333 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Two types (special robbery) [person subject to special mitigation] and the area of mitigation [decision on the area of recommendation] and the area of mitigation [the scope of recommendation] of punishment [the scope of punishment], two years and six months to four years.

3. The crime of this case committed by the defendant on board the taxi operated by the victim, suppressing the victim's resistance with a lethal weapon, and is exempted from paying the taxi fee, and the nature of the crime is bad, considering the fact that the defendant is not liable for the crime.

However, the defendant.

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