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(영문) 수원지방법원 2012.10.25 2012고합822
특수강도등
Text

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

excessive (10cm, 11cm in blades) seized shall be confiscated (No. 1).

Reasons

Punishment of the crime

1. A theft Defendant: (a) around August 23, 2012, at the “D” restaurant where the Defendant, who was in Osan-si C, works as an employee; (b) took cash of KRW 340,000 in the Kacter’s credit cooperative, and stolen the theft.

2. On August 30, 2012, around 01:57, the Defendant: (a) entered the convenience store in Osan City E-si; (b) entered the said convenience store, and (c) entered the two parallels of drinking water and two bottles as if he were to calculate the frame.

편의점 종업원인 피해자 F(17세)이 계산대에서 위 물건들을 받아 비닐봉투에 넣자 피고인은 돈을 꺼내는 것처럼 허리에 찬 복대가방을 열고 그 안에서 미리 준비해 간 흉기인 과도(칼날 길이 11센티미터, 전체 길이 21센티미터)를 꺼내 피해자에게 들이대면서 “꼼짝하지 말고 있어. 돈 내놔라, 움직이면 목에 칼 들어간다.”라고 협박하여 피해자를 항거 불능케 한 후, 피해자에게 계산대에 있는 금고를 열게 하였다.

Then, the Defendant carried 2.10,00 won in cash in the treasury, and carried 200 won in a tobacco bag that was displayed after the accounting unit, and 200 in a plastic bag and 200 in a liquor and 200.

Accordingly, the defendant, while carrying a deadly weapon, took property by threatening the victim, and forcibly taken the property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to F and G;

1. On-site inspection sites and photographs of seized objects;

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

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 334 (2) and (1), 333 of the Criminal Act that choose the penalty, and Article 329 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the special robbery with heavier punishment within the scope of adding up the long-term punishments of two crimes)

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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