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(영문) 광주지방법원 2014.11.07 2014고합186
특수강도
Text

A defendant shall be punished by imprisonment for three years.

One (No. 1) shall be forfeited from the defendant, which has been seized.

Reasons

Punishment of the crime

On May 5, 2014, at around 08:40 on May 5, 2014, the Defendant: (a) reported that the victim C (the age of 24) entered the same as a public toilet near the area in the outdoor performance place adjacent to the Chonam-gu, Jeonnam-gu, Gwangju-si, a 70-ro, and received money and valuables from the victim to raise the cost of living.

The Defendant carried a shoulderer's disease, which is a deadly weapon located in the vicinity, in his hand carried with his hand, and opened the above toilet and went to the victim coming from the above toilet, and the victim was unable to walk up the door, and then cut off one cell phone of 850,000 won at the market price from the victim.

Accordingly, the defendant took the victim's property while carrying a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. On-site photographs;

1. The defendant and his defense counsel acknowledged the fact that the defendant carried a shouldered softener's disease, received a cell phone from the victim, but there was no violence or intimidation against the victim, and there is no fact of taking the cell phone forcibly. However, the victim C's statement (C's statement is specific and specific from the police to this court) is credibility.

According to the reasoning of the judgment, the defendant cited the only part of the prone disease of the prone in the time and place as stated in its holding that he would raise money to the victim, and the victim had no money due to the fact that he had been posted on the club room, and there was only a mobile phone and the suspension of the mobile phone. Accordingly, the defendant can be recognized that he was living (the fact that he did not change even with his cell phone and suspension and that he was subject to cell phone and suspension from the victim. In full view of this, the defendant saw the victim who was flicked from the lusium in female toilets.

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