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(영문) 수원지방법원 2013.05.21 2013고합202
특수강도등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence1 through 8 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. Around 02:00 on March 22, 2013, the Defendant: (a) entered and intruded into “D” as a customer; (b) ordered tobacco to the victim E (the 20-year-old age), who was in charge of being mixed, and (c) took the crums (51 cm in length) of the metal that the victim was in possession of in advance after the locking of tobacco in order to take out tobacco; and (d) took the crums (51 cm in length) of the metal that the victim was in possession of in advance after the locking of tobacco; and (e) took the victim’s sound as “I will open the safe, and I will turn off the cash 17,000,000 won which the victim had been in custody in the front of the said safe.”

2. The Defendant: (a) committed an error in the amount of KRW 900,000 of the market price owned by the victim, among those who had been making an occupation with a single week at the place of residence of high school-friendly job offering victim G in F in Osan-si; and (b) caused a mistake in the amount of KRW 90,000 in the market price of the victim.

On February 7, 2012, the Defendant: (a) knew of the fact that he or she caused one smartphones to go through necessary procedures, such as returning it to the victim; (b) he or she embezzled his or her pro-friendly job offers J without following necessary procedures, even though he or she came to know of the fact that he or she caused the misunderstanding of one of the smartphones in Suwon-si H.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. Statement of each police statement of K, E, and G;

1. On-site seizure photographs, photographs of seized articles, and police records;

1. Application of statutes to data from on-site CCTV images and the results of field identification;

1. Relevant provisions of the Criminal Act and Articles 334 (1), 333 (Special Robbery and Selection of Imprisonment) and 360 (1) of the Criminal Act concerning the crime (the point of embezzlement of stolen property and the choice of imprisonment);

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for a special robbery heavier than that prescribed by the aforesaid Articles);

3. Discretionary mitigation Criminal Act;

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