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(영문) 대구지방법원 2015.09.18 2015고합254
특수강도등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12:00 on January 20, 2015, the Defendant: (a) lent tobacco to the victim “E” operated by the victim D (year 38) in the Daegu Suwon-gu, Daegu-gu; (b) and (c) demanded a request for a re-examination that does not have tobacco.

Accordingly, the victim's right to look for the newspaper site, and the defendant collected knife knife knife knife, which is a deadly weapon on his work site, and said that "5,00 won is changed by 5,00 won."

The defendant took 30,00 won in cash from the victim whose resistance is frightened by drinking, and forced the victim to take 30,000.

2. On January 20, 2015, the Defendant violated the Punishment of Violences, etc. Act (hereinafter referred to as the “Deficial”), followed the Daegu Science High School located in the Yellow-gu Geumdong of Daegu, Daegu, and carried a dangerous weapon, which is a dangerous weapon, and could be used for violent crimes in the Yasan garden, carrying the knive knife in the inside of the Defendant’s inner money without good cause.

3. From around 02:50 on May 2, 2014 to 03:10, the Defendant: (a) under the influence of alcohol from “H” in the operation of the Victim G located in Daegu-gu, Daegu-gu, the Defendant: (b) broken a beer’s disease; (c) laid off a beer’s instant cup; and (d) laid off a beer’s watch in another table.

Accordingly, the defendant interfered with the victim's duties related to the main business by force.

Summary of Evidence

【Special Robbery, Violation of the Punishment of Violences, etc. Act (Person in Charge)】

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Seizure records;

1. Photographs of the criminal tools and the knife photograph of the criminal intent;

1. Investigation report (Attachment, etc. of E on-site photographs) (Interference with business);

1. Statement by the defendant in court;

1. The police statement concerning G;

1. On-site photographs, the defendant and his defense counsel's assertion

1. Part concerning special robbery

A. The summary of the argument was that the Defendant lent KRW 5,00 to D, and that D deemed the Defendant to be in fact and committed a special robbery as 30,000 won.

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