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(영문) 대전지방법원 서산지원 2017.01.05 2016고합64
특수강도
Text

A defendant shall be punished by imprisonment for three years.

Seized Nos. 1, 5, 7, 9, and 10 per annum of the total list of seized articles shall be confiscated and seized.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for larceny, etc. on April 8, 2015, in Seogsan Branch of the Daejeon District Court, and the judgment became final and conclusive on April 16, 2015, and is currently under suspended sentence.

[2] The Defendant prepared his face in advance, a kitchen and a kitchen, and clothes to be taken after committing the crime, with the intention of taking property from the married women who return to the same time at night.

On October 11, 2016, the Defendant: (a) 01:35 on October 11, 2016, the victim C (the 50-year-old age) driven a mixed vehicle before entering the apartment complex; (b) went into the said apartment complex with the vehicle driven by the victim; (c) entered the said apartment 104 parking lot; and (d) taken a kitchen knife (the total length of approximately 30cm, approximately 20cm, the knife length of knife) which is a deadly weapon prepared for the victim to move out of the vehicle, on the part of the victim’s chest, by threatening the victim to the effect that the victim would not resist, and then deducted the victim from the victim’s chest, the sum of which is equivalent to KRW 45,00,00, KRW 100,000, and KRW 10,500,000,00,000,00.

As a result, the Defendant, carrying a deadly weapon, prevented the victim from resisting, and took a brupter of the total market price of 295,00 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation, reports on investigation, and reports on actual conditions;

1. Protocols of seizure (voluntary submission), protocol of seizure and photographs related thereto;

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history (A) and Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction of Small Quantity (the following) are advantageous to the reasons for sentencing.

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