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(영문) 광주지방법원 순천지원 2015.10.08 2015고합122
특수강도
Text

A defendant shall be punished by imprisonment for three years.

Seized knife (No. 8) shall be confiscated.

Reasons

Punishment of the crime

Around 15:00 on June 30, 2015, the Defendant, at the Defendant’s house located in Macheon City, carried the kitchen knife (30cm in total length, approximately 18cm in knife length), which is a dangerous object in the Defendant’s house, in order to raise a living cost while drinking together, with another person’s money, and having a kitchen knife (18cm in knife length).

At around 15:05 on June 30, 2015, the Defendant discovered the victim E (at least 59 years of age) using and walking in the alleyway in front of the detached house located in Ma, 15:05, the Defendant: (a) threatened the victim’s resistance by using the kitchen knife in the front of the detached house located in Ma; and (b) threatening the victim’s timber and the right side of the victim who is living in the following bank; and (c) threatening the victim’s resistance.

The defendant, who has been unable to resist due to this, took the 59,000 won in cash and the 600,000 won in the market value of smartphones prior to the outbreak of a bank, and took the above bank with the above bank and took the dangerous things and took the property of others.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the site and photographs of seized articles;

1. Article 334 (2) and (1), and Article 333 of the Criminal Act concerning the facts constituting an offense;

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. Determination as to the assertion of the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act

1. The summary of the argument is that the defendant has a kitchen knife in order to commit suicide, and the defendant had a kitchen knife with the victim, without threatening the victim with the kitchen knife, and the kitchen knife with the kitchen knife with the kitchen knife with the kitchen knife with the kitchen knife, and the kitchen knife with the kitchen knife with the kitchen knife with

2. In full view of the following circumstances, the Defendant held that the entire purport of the evidence duly adopted and examined by this court was revealed.

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