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(영문) 부산지방법원 2018.04.20 2018고합81
특수강도등
Text

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

Reasons

Criminal facts

1. On February 17, 2018, the Defendant: (a) committed theft by inserting a 30,000 knife knife knife at the D office located in Busan Fransh-gu C; and (b) by inserting a knife knife knife equivalent to the market price of the victim E, which was kept in the knife at the knife knife knife-gu, Busan.

2. On February 17, 2018, the Defendant infringed on a structure: (a) opened an entrance and opened the entrance to take property at the H convenience points in the operation of the victim G located in the Geum-gu, Busan, for the purpose of taking the property forcibly; and (b) invaded on the said structure.

3. On February 17, 2018, around 20:27, the Defendant ordered 2 A of tobacco to be sent to the victim I (the 18-year-old age), which is the location of the Defendant, by pretending to be a customer at the H convenience store in the operation of G located in the Geum-gu, Busan Metropolitan City.

Accordingly, 2 A of the tobacco to be used by the victim at the display stand

As a result, the Defendant demanded a rhythm to search for the rhythm of the upper rhyth of the upper rhym and then taken a rhym ( approximately 30 cm in total length, approximately 20 cm in length) with a rhym that he had stolen in advance and caused the victim to resist by using a rhyming method, making it impossible for the victim to resist, and then taking 383,000 won in cash, which was kept in custody during the period of cash withdrawal, and 20 won in cash, which was taken by 392,00 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A report on the occurrence of a robbery;

1. Each investigation report (No. 5, 6, 8 through 17, 19, 21, 23 through 25, 28), and accompanying documents;

1. Application of statutes to reports on results of field identification and on-site file reports;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (abstinence, a choice of imprisonment), Article 319 (1) of the Criminal Act (abstinence of a structure, a choice of imprisonment), Article 334 (2) and (1) of the Criminal Act (abstinence of special robbery, and choice of imprisonment with prison labor);

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the long-term punishments of each of the crimes of special robbery with the largest punishment) shall be the scope of concurrent crimes as prescribed by the former part of Article 37 of the Criminal Act;

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