(영문) 서울중앙지방법원 2014.08.29 2014고합786

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(영문) 서울중앙지방법원 2014.08.29 2014고합786

강도등

Text

1. The punishment of the accused shall be two years of imprisonment;

2. Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On May 29, 2014, around 00:05, the robbery Defendant entered the victim’s house by stating that “the water has broken down and dives from the tools,” the Defendant went into the victim’s house by stating that “The water has broken down and dives from the tools.”

After that, the Defendant, in his hand, imprisoned the victim's timber, sealed the victim's boom, prevented the victim from suffering, and threatened the victim's brue with the death of the victim, and threatened the victim's brue by combining the victim's brue and sings with the victim's brue and sings, threatened the victim's resistance, and led the victim's 60,000 won in cash and clothes in the victim's brue and 300,000 won in cash and 300,000,000 won in the victim's possession of the victim's brue from the victim's bru, and took the victim's brue by force.

2. On May 29, 2014, around 03:38, the Defendant collected the cash card of a corporate bank in the name of D and withdrawn KRW 330,00,000 after entering the withdrawn amount and password in cash, which was opened at the new disease control point of the victim corporate bank located in Gwanak-gu, Seoul Special Metropolitan City.

Accordingly, the defendant stolen 330,000 won in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to on-site identification reports, photographs of the place of crime, investigation reports (on-site withdrawal in cash), and investigation reports (verification of the details of damage, etc.);

1. Relevant Article 33 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 333 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes)]

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

참조조문

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