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(영문) 인천지방법원 부천지원 2015.09.11 2015고합157
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 July 1, 2015, at around 00:33, the Defendant was boarding the D-si head of D-si operated by the injured party C (year 52) on the roads near the Nam-gu Incheon Metropolitan City, Seocheon-gu, Incheon. On the same day, around 00:46, around 00:46, the Defendant was driving on the roads front of the D-si public parking lot.

The Defendant had a good appraisal of the victim, who is a taxi engineer, tried to do harm to the victim, who is a taxi engineer, asked the victim to "sib," and tried to kack naf, which is a deadly weapon held in the bank, with the victim's hand, and attempted to kack the victim's part of the ship, and the victim's knaf, which is a deadly weapon held in the bank, was no longer able to do so. The Defendant divided the victim's part of the knife with the victim's hand, and forced the victim to knife the victim to knife the part of the knife and knife the victim's part of the knife with the victim's hand, and then removed the victim's knife of KRW 135,00,00, which was installed in the taxi with the victim's hand."

As a result, the defendant took the victim's property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each police seizure record and the list of seizure;

1. Each investigation report;

1. Each photograph;

1. Inquiry into the details of money transactions and the application of Acts and subordinate statutes of certificates of provision of financial transactions;

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 consideration shall be repeated for the reason of sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The types of recommendations according to the sentencing criteria.

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