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(영문) 수원지방법원 안산지원 2019.03.12 2019고합17
특수강도
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On January 17, 2019, the Defendant committed the instant crime in order to display food knife (the total length of 30cm, 18ccm) and clothes, protruding papers, etc., which are dangerous things inside the house, in a separate room, and to prepare for traffic expenses, the Defendant colored the object of robbery, and submitted by the Prosecutor for the preparation of transportation expenses. The facts charged in the indictment submitted by the Prosecutor include the Defendant’s act of committing the instant crime in order to provide the details and living expenses of going out of the house where his mother was living together with his mother.

However, in the written opinion presented by the Defendant to this court, the Defendant stated to the effect that “the developments leading up to withdrawal are somewhat different from the facts charged, and the Defendant committed the instant crime in order to raise transportation expenses not for the purpose of preparing living expenses.” The Defendant’s circumstance leading up to withdrawal is not the facts constituting the constituent elements, and the process leading up to the preparation of transportation expenses does not interfere with the Defendant’s exercise of the right to defense even if revising the motive of the crime would not hinder the Defendant’s right

At around 05:52 on the same day, the victim D (the male aged 53 (the "DC") who is an employee of the above convenience store B in Ansan-si, Ansan-si, Ansan-si, and confirmed that he was mixed with other customers and did not have any other customers, and DC takes the knife knife in his hand according to the above calculation, and she took the knife in his hand to DC, and "the whole money is added to the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant took property by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Investigation report (specific victim);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 334 of the Criminal Act applicable to the crime and the choice of punishment.

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