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(영문) 울산지방법원 2016.05.13 2016고합55
특수강도
Text

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

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

On December 2, 2015, the Defendant retired from a company accompanying due to depression, etc., with no other income, and received money from young students to raise funds for the purpose of raising multi-user’s living expenses and monthly income by the date of the payment of the monthly rent of the Gosiwon, which was used as a lodging house.

On February 8, 2016, the Defendant found the Victim F (16 years old) and Victim G (16 years old) emitted from E elementary schools and D elementary schools and D middle schools in front of the D elementary school located in Ulsan-gu, Ulsan-gu, U.S., U.S. on February 8, 2016, and prevented the victims from driving ahead of the victims, followed by the deadly weapons prepared by the victims, and pushed the victims with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k

Dadden,

After threatening 30,000 won in cash owned by the victim F and 50,000 won in cash owned by the victim G were deducted from the victim F to make it impossible to resist by intimidation, such as “induction of tax base and tax base of the money,” and thereby 350,000 won in cash owned by him.

Accordingly, the Defendant received the victims' property from each other.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to F and G;

1. Police seizure records and list of seizure;

1. Seized articles and photographs of the site of seizure;

1. Report on internal investigation (verification, etc. of peripheral CCTVs and booms for vehicles), investigation report (investigation of the appearance of a suspect), investigation report (verification of CCTVs for a suspect moving), investigation report (investigation of CCTVs before committing a crime), investigation report (investigation of the person moving a suspect) and investigation report (investigation of the victim F relative blades);

1. Application of knife statutes;

1. Articles 334 (2) and 334 (1) and 333 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment specified for any special robbery committed against victim F who has a heavier penalty);

1. Selection of alternative abandonment of punishment;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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