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(영문) 인천지방법원 2015.11.25 2015고합617
특수강도
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The excessive collection that has been seized (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant was a person with spinal disability falling under grade 6, who had a physical disability from around two years ago, caused economic difficulties without seeking a stable job due to the deepening Marith, and around March 2015, the Defendant transferred his residence to the E Public Notice Board located in Incheon Gyeyang-gu, Incheon Metropolitan City due to the Defendant’s failure to pay the monthly rent referred to in subparagraph C and 306, and due to the circumstances that the Defendant was unable to pay the monthly rent of the public Notice Board, and the Defendant was on September 30, 2015.

When the Defendant had difficulties due to the lack of money, such as failure to resolve kis, etc., he saw to raise money at the convenience store by taking money, and came to the H convenience store located in Incheon Gyeyang-gu, which is operated by the Victim F (hereinafter referred to as “F”) on October 3, 2015, and entered the convenience store after confirming that he/she did not have customers within the above convenience store and was in the service of the victim.

피고인은 위 편의점 카운터에서 근무하고 있는 피해자에게 던힐 담배 한 갑을 달라고 말한 뒤, 자신의 바지 뒷주머니에서 지갑을 꺼내는 시늉을 하다가 갑자기 왼손으로 피해자의 상의를 붙잡고 오른손으로 미리 소지하고 있던 과도를 꺼내어 피해자에게 찌를 듯이 들이대며 “돈 내놔!”라고 협박하여 피해자의 반항을 억압하고, 피해자로 하여금 카운터에 있는 금고를 열어 그 안에 보관되어 있던 현금 약 21만 원 상당을 자신에게 교부하게 하였다.

Accordingly, the defendant took a deadly weapon in return for the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Records of seizure, the list of seizure, and excessive collection photographs;

1. On-site photographs and CCTV closure photographs;

1. Application of report on investigation (specific suspect) Acts and subordinate statutes;

1. Relevant Article 334 (2) and (1), and Articles 333 of the Criminal Act concerning the facts constituting an offense, and Articles 33 of the Election of Imprisonment;

1. Discretionary mitigation Criminal Act;

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