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(영문) 대전지방법원 2017.10.20 2017고합105
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

On November 15, 2016, the Defendant: (a) around 11:10 on November 15, 2016, the Defendant: (b) Sponsed the disturbance, i.e., drums large or large sized sized sized Ras, and sound before the victim D (78 Does).

For the reason that “the victim resisted that he was able to resist”, she was able to resist the victim, she was able to take four hondsing honds, knife, knife, knife (10cm in blade, 21.5cm in total length, 21.5cm in total) in the door which she held “in the house document, she will die and flife in the house document,” and she took a deadly weapon by taking the victim’s property by taking advantage of a large or large sized knife and knife the victim’s flife, she flife the cigarette with money, and by taking advantage of the victim’s knife, “the victim’s property equivalent to KRW 1,350 won in the market price after she made it impossible to resist,” she was able to take a deadly weapon from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. The defendant asserts that a report on internal investigation (e.g., dispatch circumstance, site situation, etc.), investigation report (such as excessive knife, etc.) (the defendant asserts that he/she takes excessive steps to make the victim attempt to see the defendant, and that he/she does not forcibly take tobacco or cash from the injured person.

However, the victim, from the police to the court of law, had the victim take away tobacco and cash by threatening the victim as stated in the criminal facts in the decision of the defendant.

There are statements, and their statements are so specific and consistent that they are reliable.

In addition, considering the attitude of the victim's legal testimony, and the fact that the police dispatched after receiving a report from the victim seizes excessive, tobacco, and cash from the defendant, the fact that the victim's property was taken over as stated in the facts constituting the crime in the judgment of the defendant can be recognized, and the defendant's assertion is not accepted.

1. Criminal facts;

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