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(영문) 창원지방법원 통영지원 2012.11.08 2012고합130
특수강도
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2012, at around 21:10 on August 3, 2012, the Defendant: (a) confirmed that the victim E (the age of 21) who is an employee was mixed; (b) demanded the victim to communicate with the proprietor and then confirmed that the proprietor was not in the presence of the proprietor; (c) confirmed that the Defendant was not in the presence of the proprietor; (d) called “the victim E (the age of 21)”; and (d) demanded the victim to communicate with the proprietor, the Defendant taken the industrial knife, which is a deadly weapon prepared in advance, into the main machine, made the said knife knife onto the left shoulder of the victim; and (d) took the said knife knife knife knife knife k from the victim’

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. A written statement;

1. The application of Acts and subordinate statutes to each investigation report (to attachCCTV images and other images, and to attach on-site verification 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. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on Probation, etc. asserts that the defendant did not commit the crime of this case since he did not commit the crime of this case.

In other words, the following circumstances recognized by the aforementioned macroscopic evidence, i.e., ① the victim made a concrete statement about the fact that cash was taken by a person who was at the main point of the police at the time of the investigation, and the victim made a statement about his/her cash taken by force from him/her, and about 173 cm with respect to the appearance of his/her cash taken by force by the police.

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