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(영문) 울산지방법원 2013.09.27 2013고합77
특수강도
Text

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

The seized Nos. 1 (No. 1) of the Spanish No. 1 of the Spanish Republic of Korea, and the test color 10,000 square meters.

Reasons

Criminal facts

The Defendant received demand for the payment of the credit card price from the credit card company, and at around 04:00 on March 31, 2013, the Defendant was willing to receive money and valuables from the employees of convenience stores using a food knife at the D Public Noticecom, which is one’s dwelling in Ulsan-gu C.

1. On March 31, 2013, around 04:46, the Defendant intruded into “G convenience stores” operated by the victim E (the age of 65) in Ulsan-gu, Ulsan-gu, Seoul-gu, and took a knife knife, which is a deadly weapon (22 mm in the knife length) possessed by the said victim, on the chest of the said victim, by threatening the victim as “in-house tax calculation of the amount of money,” thereby preventing the victim from resisting against one another, and took 300,000 won in cash from the victim.

2. Around 05:00 on March 31, 2013, the Defendant intruded into the “J convenience store” of the victim H (17 years old) working in Ulsan-gu, Ulsan-gu, Seoul-gu, and took 860,000 cash from the victim in the same manner as indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTVs at a place of crime);

1. Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for a special robbery with respect to the H of a victim heavier than the criminal situation);

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 on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The alleged defendant was in a state of mental disability due to depression at the time of committing the instant crime.

2. According to the written appraisal of K Preparation by the commission of this Court, the Defendant is at the boundary line, which is an intelligence situation between the average and the level of mental retardation, in which detailed emulsiums in detail are presumed to be emulsible.

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