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(영문) 광주지방법원 2014.01.09 2013고합532
특수강도
Text

Defendants shall be punished by imprisonment for three years.

However, each of the above punishments shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From October 27, 2013, at around 04:00, the Defendants conspired to deduct the amount of money from the victim F (the industrial trainee of South, 32 years of age, and Cambodia) who lives in the accommodation, from the “E” working for Defendant B, who is in the Jeonsung-gun, Sungsung-gun.

The Defendants intruded the victim’s room in the above accommodation, and Defendant A broken the victim who was divingd, and the victim was a deadly weapon (No. 1 and no. 20cm in length) with the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendants jointly and forced the victim to deduct 40,000 won of cash owned by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation and CCTV analysis at the scene of crime;

1. Relevant Articles 334 (2) and (1), and 333 of the Criminal Act concerning criminal facts;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”)

1. The crime of this case is very likely to be committed by the defendants, who are industrial trainees from Mongolia, threatening the victims from Cambodia, who are foreign workers of the same kind, in knife and forcibly taking cash.

However, the defendants recognized the facts charged of this case, the defendants agreed with the victim, the defendants did not have any history of criminal punishment so far, and the defendants did not have the qualification of permanent residence.

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