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(영문) 서울남부지방법원 2013.10.17 2013고합349
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 July 10, 2013, around 02:40 on July 10, 2013, the Defendant boarded in the F taxi driven by the victim E (year 57) at the front of the D market located in Yeongdeungpo-gu Seoul Metropolitan Government.

In front of the Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant got away from the taxi site without paying the taxi fee, and acquired property benefits equivalent to the same amount by withdrawing from the victim, who was demanded by the Defendant to pay the taxi fee from the victim who was driven by the Defendant, to escape from this, the Defendant acquired the victim’s part of the vessel, which is a deadly weapon (23cm in total length, 12cm in length on a day) with the aim of avoiding this.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and H;

1. Seizure records;

1. Application of Acts and subordinate statutes concerning evidence photographs;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act on the stay of execution;

4. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

5. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Period of punishment by law: Imprisonment for not less than two years and six months to 15 years; and

2. Recommendation type on the sentencing criteria: Imprisonment with prison labor for a period of two years and six months to four years.

3. Sentence: Imprisonment for two years and six months; probation; three years; probation; community service; 120 hours; and confiscation of one percent in excess;

4. The Defendant did not have money in this case, and the victim demanded the payment of taxi fees, and the victim asked the payment of the taxi fees, the Defendant suspended the victim’s demand to pay knife and knife the knife of the knife.

Although the act of cutting the knife part of the body, which is the important part of the body, causes the risk of death, the defendant makes the knife part of the victim's knife knife.

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