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(영문) 서울중앙지방법원 2012.09.25 2012고합847
특수강도등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. A pair of pages (No. 1) of the white paper seized and a evidence per page.

Reasons

Punishment of the crime

1. On June 19, 2012, at around 11:30 on June 19, 2012, the Defendant: (a) opened a door door (10cm in length) with the victim D (n, 33 years of age) located in Dongjak-gu Seoul Metropolitan Government C and 1 floor; (b) opened a door door (10cm in length) with the victim’s face; (c) prevented the victim, who was reporting TV at the inside of the inside, from suffering the victim’s face by hand; (d) took the victim’s face; (d) took the victim’s sound and resistance; (e) took three times the victim’s face; and (e) took 10,000 won in cash within the wall, which was opened a door door.

2. On June 18, 2012, the Defendant violated the Road Traffic Act (free license) without obtaining a driver’s license, from the front road of Dongjak-gu Seoul Metropolitan Government to the front road of the Defendant E in front of his house in light of light, from the front road of Dongjak-gu Seoul Metropolitan Government to the front road of the Defendant, from June 19, 2012 to the front road of Dongjak-gu Seoul, and from June 12:20, 2012 to the front road of Dongjak-gu, Seoul, and from the front road of the Defendant’s above house to the 26th road of Dongjak-dong, Dongjak-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to the records of seizure, the list of seizure, field photographs, driver's license inquiry, and investigative reporting;

1. Relevant provisions of the Criminal Act and Articles 334 (2) and (1), 333 (Special Robbery, Selection of limited imprisonment) of the Criminal Act concerning criminal facts, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without obtaining a license, and Selection of Imprisonment with prison labor);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of special robbery which are the largest punishment and the punishment as provided for in the aforesaid Articles) among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., conditions of favorable sentencing among the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Legal penalty;

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