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(영문) 부산지방법원 2015.02.06 2014고합332

강도상해

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On April 16, 2014, at around 16:30, the Defendant opened a gate which has been closed in Busan Dong-gu, Busan (24 years of age)’s residence, and colors the goods to be stolen by destroying the kitchen, and opened up to the open door. However, as the victim was discovered at the time, approximately 200 meters away from the inside of the kitchen, and later escaped to the victim following the escape, and later frighted to the victim for the purpose of evading arrest, the Defendant saw the victim’s bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of the victim’s hand, sealed the victim with the an alley wall, and raped the victim with approximately two weeks of the bones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each police interrogation protocol against the accused;

1. Each police statement of E and F;

1. A medical certificate;

1. Investigation report (Investigation of Influence, etc.) (the defendant and his defense counsel entered the victim's house with an intention to steals property, but the defendant escaped from the victim's house before commencement of the commission of larceny, which is a constituent element of quasi-Robbery. However, if an act is commenced closely in violation of de facto control, such as commencement of the act of influence into another's residence for the purpose of larceny, etc. for the purpose of larceny, it shall be deemed that the defendant started the commission of larceny (see Supreme Court Decision 2003Do1985, Jun. 24, 2003; 2003Do1985, Jun. 24, 2003). According to the victim's investigative agency and court statements, according to the victim's statement, the defendant may open the victim's house gate and open the kitchen, and then leave the kitchen, and then the defendant's act may be acknowledged until the afterward of things in the kitchen in order to continuously steal the things.