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Reasons
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(영문) 대전지방법원 서산지원 2019.01.03 2018고합85
특수강도
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A defendant shall be punished by imprisonment for three years.

One regular (Evidence No. 5), one black fact check (Evidence No. 6), one black fact check, which has been seized.

Reasons

Punishment of the crime

When the Defendant was living in the future, due to the difficulty in operating the restaurant that he operated, and the Defendant was faced with approximately KRW 400 million obligations in the future, and approximately KRW 300 million obligations in the two children in the future, the Defendant was willing to take money deposited in the register of the records of the Victim C Association in the Siljin-si, which was used in the usual hall B.

At around 09:02 on September 10, 2018, the Defendant: (a) concealed the face of the sunlight of the sunlight in advance; (b) demanded that D (the 28 years old), a bank employee, prepare for the said D in advance and keep the said D in money; (c) continuously prevented the Defendant from resisting the said D by threatening approximately 6 launching the said other time in the above D neighborhood; and (d) took the said D’s cash of KRW 27,541,000 from the victim.

Accordingly, the defendant forcibly taken another's property by assault or intimidation by carrying a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV photographs;

1. Damage articles, seized articles, vehicle photographs, and CCTV photographs around banks before and after crimes;

1. Each CD data;

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

1. The application of investigation reports (with respect to other regular force), investigation reports (CCTV image analysis) Acts and subordinate statutes;

1. Relevant Article 334 (2) and (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of limited imprisonment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The gist of the assertion was that the Defendant suffered from stimulative dynamic disorder before several years, and at the time of the instant case, the Defendant had lost or weak ability to discern things or make decisions by taking advantage of alcohol and gal stability.

2. We examine the judgment, according to the evidence duly adopted and examined by this court, the defendant.

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