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(영문) 대구지방법원 2016.09.09 2016고합176
특수강도
Text

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2016, the Defendant: (a) as a mentally disabled person with a second-class mental disability, was under the influence of drinking a large amount of beer, and (b) was unable to discern things or make decisions due to the complex impact of both polar disorder and alcohol, and (c) was unable to discern things or make decisions, and (d) was in danger that the Defendant was under the influence of drinking a large amount of beer, and (e) was under the influence of a large amount of beer, F of the Victim F was in danger of being unable to identify the substance by wearing a white motor on the face of 02:58 on that day.

“The 10th page of the evidence record). The victim F, who was an employee, entered the convenience store operated by the victim D in Daegu-gu F, Seogu, as his hand (10th page of the evidence record).

The Defendant: (a) threatened the Victim F with “D ......” to the victim F by putting the said dangerous object, thereby preventing the victim F from resisting; (b) forced the victim F to take 271,000 won in cash, which was kept in the above convenience store depository, from the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

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

1. Investigation report (the sequence 5, 8, 12 of the list of evidence);

1. The point of mental and physical weakness as indicated in the judgment: In full view of the process and method of the instant crime, the Defendant’s speech and behavior before and after the instant crime, the Defendant’s attitude and attitude of statement, etc. as indicated in the records and pleadings, such as mental and physical emotions, reference materials, etc. (Evidence No. 19), it is deemed that the Defendant committed the instant crime under the condition that he lacks the ability to discern things or make decisions due to mental and physical disorder;

Application of Statutes

1. Article 333 of the Criminal Act applicable to the facts constituting the crime (including provisions thereof);

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (person with mental or physical weakness);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The observation of protection and the community service order under Article 62-2 (1) of the Criminal Act;

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

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