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(영문) 대전지방법원 2016.07.21 2016고합159
특수강도등
Text

A defendant shall be punished by imprisonment for six years.

The excessive one (No. 1) seized and one per cent (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was sentenced to five years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) in the Gunsan Branch of the Jeonju District Court, and completed the execution of the sentence on October 25, 2015.

1. On May 1, 2016, while the defendant had a mind to forcibly take another's property and had the subject of his/her physical color, he/she found the victim's business in the D Beauty room operated by the victim C (V, 42 years old) located in Daejeon Pung-gu, Daejeon on May 1, 2016, and found the victim's business to be mixed, and entered the cosmetic as the customer, making his/her hair color, and look at his/her head color. On the same day, he/she completed 20:30 on the same day, and completed a dysming dysing dys, which he/she had in advance carried with the victim's hand, with his/her left hand, in front of the victim's hys (12 cm in length and 17 cm in total).

“To prevent the victim from resisting by intimidation,” the victim was transferred to the Kabter and was paid 78,000 won in cash, which he owns.

이어서 피고인은 소리치며 반항하는 피해자의 이마 부위를 주먹으로 수차례 때리고, 주저앉아 이마를 가린 피해자의 손 부위를 발로 수차례 찼다.

As a result, the Defendant, while in possession of a deadly weapon, took a 78,000 won in cash, which is owned by the victim by threatening the victim, and exempted the payment of 25,000 won in chromosomes, obtained pecuniary benefits equivalent to the same amount.

2. The Defendant prepared robbery by purchasing and possessing dangerous weapons, which are used for committing the crime, in the Felt E located in Daejeon Seo-gu, Daejeon E at around May 1, 2016 (10cm in length and 20cm in total length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each protocol of seizure;

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