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(영문) 서울북부지방법원 2015.11.27 2015고합213
특수강도
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant committed the following crimes in the state that mental illness, such as a spatition, related accident, and impairment of real-verification ability, lacks the ability to discern things or make decisions.

At around June 22, 2015, the Defendant had experienced pressure due to the lack of ordinary living expenses, and around June 22, 2015, at around 09:57, 2015, she was willing to take the cash kept in the taxi by getting on the head of D taxi operated by the victim C (the age of 61) in the relay station located in Nowon-gu, Seoul Metropolitan City.

At around 09:59 on the same day, the Defendant: (a) entered the crosswalk near the Seoul Labor Relations Commission located in Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, with a view to getting off from a taxi; (b) called “I would have to get off from a taxi; (c)”; and (d) turned back the transition amount (10cm in length and 20cm in total length) that was prepared in advance from a taxi in the taxi, into the head of a taxi in order to take off the taxi in advance in the taxi; (b) one hand knife in the knife, and another hand knife into the victim’s right side, and (c) made two times impossible to resist by doing any act to get out of the taxi, and (d) deducted the seed knife that contains a total of 20,500 won, which was between the driver’s seat and the chief knife.

As a result, the defendant forcibly taken another's property by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Each investigation report (the other party to the worker in charge of the police station's emotional image, etc., such as the victim's photograph reproduced, the victim's taxi stuff image, etc., and a copy of the working day);

1. The victim's photograph (traditional and Korean style), his/her photograph, the victim's photograph, the victim's photograph, the victim's taxi stuff photograph, and the suspect's photograph wearing reflector by inserting excessive amount;

1. Application of the existing Acts and subordinate statutes of one excessive (No. 2) confiscated;

1. Article 334(2) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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