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(영문) 대구지방법원 김천지원 2018.10.30 2018고합66
특수강도
Text

The punishment of the accused shall be determined by three years and six months.

1. An emergency rescue unit (No. 1) on an emergency rescue unit, which has been seized, shall be 1.

Reasons

Criminal facts

[criminal history] On March 19, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the Daegu District Court Kimcheon-do, and the Defendant completed the execution of the sentence on July 21, 2016 in the 2nd intersection of the North Korean Dos.

[Specific criminal facts] As the Defendant was in an economically difficult situation because he was unable to earn profits after his retirement from work due to his neglect, he had a mind to enter his residence and robbery.

On August 6, 2018, the Defendant prepared food and clothing to be used for committing a crime at around 03:00, and carried the clothes prepared to be used in a sinyl chloride, and carried them into a nearby mountain book, and worn the locks, caps, etc.

Since then, the Defendant entered the Gumi-si Mt and was in the calculation unit of the victim E (21) who is an employee of the Gumi-si, the Defendant: (a) knife the knife, which is a deadly weapon, prepared in advance; and (b) e) flife the knife; and (c) 400,000 won in cash within the credit cooperative belonging to the calculation unit after the victim’s threat prevents resistance.

In this regard, he was demoted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (as to the attachment of criminal images and CDs), and photographs of each crime;

1. A response to fingerprints on criminal scene, reply to a request for appraisal, and each written appraisal;

1. Each protocol of seizure and the list of seizure;

1. Criminal history: Inquiries about criminal history, investigation report (date of release and confirmation of prison), judgment, and application of Acts and subordinate statutes on the status of confinement;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. As to Article 48(1)1 of the Confiscation Criminal Act [No. 1. Prosecutor No. 1. Prosecutor No. 1. 1. Prosecutor No. 1. 1. Written Evidence No. 3. Written Evidence No. 5, Written Evidence No. 4, Written Evidence No. 5, Written Evidence No. 6. Written Evidence No. 5) of the same Act.

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