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(영문) 서울서부지방법원 2013.05.16 2013고합63
특수강도
Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a foreigner of Colombia's nationality, and Defendant B was a Peru's nationality, and around February 1, 2013, is a person who acquired the Republic of Korea's nationality, and around February 1, 2013, in the Mexico restaurant located in Yongsan-gu Seoul Metropolitan Government.

At around 16:10 on February 3, 2013, the Defendants: (a) in the 'F Exchange Center' in Yongsan-gu Seoul Metropolitan Government, the victim E (the 44 years of age); (b) Defendant A, following the victim entering the money exchange counter, was plucked by the victim's hand; (c) Defendant B plucked the victim's resistance by bucking both arms and body hand so that the victim can not live, and (d) Defendant A her flicked the victim's back to the money exchange counter; and (e) Defendant A flick 3.5 million won of the 70 billion won of the flick only cash flick at the money exchange counter; and (e) Defendant A flicked the victim who restrains it outside the money exchange counter.

As a result, the Defendants were forced to take 3.5 million won in cash owned by the victim jointly.

Summary of Evidence

1. Each legal statement of the defendant A and B

1. Each legal statement of witness E and G;

1. One electric shock machine (No. 1), one contact tape for packing (No. 2);

1. Application of Acts and subordinate statutes to CDs for copying evidence photographs, on-site CCTV images;

1. Relevant provisions concerning the facts constituting an offense and the Defendants who choose the penalty: Articles 334 (2) and (1), and 333 of the Criminal Act;

2. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following factors)

4. The Defendants: Determination on the Defendants’ assertion under Article 48(1)1 of the Criminal Act

1. Summary of the assertion

A. When entering the money exchange center in the ruling to exchange Defendant A, only he has collected money with the intention of larceny by contingency, and there is no fact that he would prevent the victim from suffering money as stated in the ruling.

B. Defendant B entered a money exchange station in its holding.

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