(영문) 인천지방법원 2013.05.16 2012고합1418

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2013.05.16 2012고합1418

특수강도등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

1. On December 11, 2012, at around 09:19, the Defendant discovered that the victim E (nex, 55 years old) runs a mixed business in the “Dovas” located in Seo-gu Incheon, Seo-gu, Incheon.

The Defendant changed the victim’s tobacco amounting to KRW 3,00 in the market price to KRW 3,00, and changed the Plaintiff’s tobacco, and then took away the transition (12cm in blade length) which is a deadly weapon owned by the Defendant’s own money, who was demanded from the victim to calculate the amount, and then threatened the victim as they had the above tobacco and the Rab.

Accordingly, the defendant took a deadly weapon to threaten the victim, thereby forcibly taking the victim's property.

2. On December 11, 2012, the Defendant attempted to commit special robbery: (a) 09:21 on December 11, 2012, 201; (b) took a tobacco and a horse from the victim; and (c) go through the Dominer, leaving the Dominer, and going back to the Dominer, changing the direction for raising money by threatening the victim; and (d) opened a door with the said excessive possession.

However, as the victim discovered that the defendant want to enter and depart, unfolding the reading center so that it is difficult to open the entrance, the defendant, while trying to open the door, did not go through the complete resistance of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each photograph (CCTV);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning facts constituting an offense and the special robbery of the choice of punishment: Articles 334 (2) and (1), 333 of the Criminal Act that attempts special robbery: Articles 342, 334 (2) and (1), and 333 of the Criminal Act;

1. Statutory mitigation of cases; Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the first sentence of Article 37, and Article 38(1)2 and Article 50 of the Criminal Act are heavier.

참조조문