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(영문) 대구지방법원 2019.03.29 2019고합4
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

1. On December 22, 2018, the Defendant committed the crime against the victim B: (a) around 03:58, at the “D” convenience store located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) took a deadly weapon, a deadly weapon, which had been prepared in advance to the victim B (in women, 19 years of age, and Mongolia), and seems to inflict bodily harm on the victim; and (c) took an attitude that “if the Defendant does not refuse to do so, opened a safe, and opened a single cigarette, and then prevented the victim from resisting, and then deducted the victim from the market price of KRW 4,500, tobacco of KRW 450 from the victim.

Accordingly, the defendant forcibly taken another's property by threatening by carrying a deadly weapon.

2. On December 22, 2018, around 05:10 on December 22, 2018, the Defendant: (a) took a deadly weapon, a deadly weapon, which had been prepared in advance for the victim E (nive, 19 years of age) from around 05:10 to around 05:0, in the “G” store located in the Gyeongbuk-si, Gyeongbuk-si; (b) took an attitude that the Defendant would inflict bodily harm on the victim; and (c) prevented the victim from resisting by threateninging the victim by using the method referred to as “indu City, Do, Do, Do, Do, Do, Do, Do, Do, Do, labbing, etc.” (hereinafter referred to as “indu City, Do, Do, Do, Do, Do, Do, labing, etc.).

Accordingly, the defendant forcibly taken another's property by threatening by carrying a deadly weapon.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning E and B;

1. Records of seizure and the list of seizure;

1. Application of each investigation report (related to the attachment of CCTVs at the site of a D convenience store, the capture of CCTVs at the site of G convenience store, and the application of each statute on photographs;

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 (aggravated Punishment for Crimes of Special Robbery as stated in paragraph (2) of the same Article which are heavier than the circumstances) shall be applicable;

1. Reduction of a small amount;

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