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(영문) 대구지방법원 2015.11.20 2015고합238
특수강도
Text

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

Reasons

Punishment of the crime

On May 24, 2015, at around 05:35, the Defendant sought a drinking point without paying the drinking value after drinking alcohol and food at the F station operated by the Victim E (FF) located in Sinsan-si D.

Therefore, when the victim requires the defendant to pay the drinking value, the defendant expressed his/her bath "Is Not able to do so", and assaulted the victim's face by putting his/her hand over his/her son and her hair with his/her son's son and son's son's son's face at least once.

On the other hand, the Defendant continued to use excessive (22 cm in total length, 11cm in length) which is a deadly weapon located in the main room, and by threatening the victim and the victim to “Iskn't resist,” thereby preventing the victim from resisting, and then trying to obtain pecuniary benefits equivalent to 320,000 won in the same amount from the victim’s payment. However, the Defendant did not go to a police officer dispatched upon receiving a report by the victim, and did not go to such intent.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Seizure records;

1. CCTV photographs (Evidence 11 Nos. 11) and defense counsel argued that the defendant rans a deadly weapon and presented the victim as the same with the victim. However, the defendant's desire was not memory, and there was no intention to commit robbery. However, the following facts or circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, (i) the victim E demands the defendant to calculate the drinking value, and (ii) the victim E calls the defendant to “cirs, calculation,” and (iii) the defendant takes his/her own title, knife, knife, with his/her head, knife, and knife, and thereafter the knife knife knife knife knife knife knife knife.

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