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(영문) 춘천지방법원 강릉지원 2018.09.13 2018고합54

강도등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2018 Gohap 54"

1. The Defendant’s indictment, on July 10, 2018, contains the phrase “ July 10, 2017.” However, considering the list of crimes and the record of evidence, this appears to be an obvious clerical error and thus, is corrected as above.

10:53 Suser’s “suser” operated by the victim D in Gangseo-si, Gangnam-si, to cut tobacco, despite the victim’s restraint, she carried tobacco, and carried tobacco worth KRW 31,500,00 in total, over four times until July 19, 2018, including a list of crimes (1) in attached Form 2, which is the victim’s market value displayed at the tobacco display stand, regardless of the victim’s restraint.

Accordingly, the defendant stolen the victim's property.

2. On July 15, 2018, around 06:15, the Defendant: (a) entered Schlage “A” as stated in paragraph (1) around 06:5; (b) when taking tobacco despite the control of the victim D (the victim’s age 79), the Defendant: (c) went to the tobacco display stand through the door door door of the said Schlage; (d) pushed the victim’s hand to the tobacco display stand; and (e) pushed the victim’s hand to the left hand; and (e) cut the victim’s neck to the left hand; and (e) cut off the victim’s 4,500 won at the market price owned by the tobacco display stand.

Accordingly, the defendant took the victim's property by force.

[2018 Gohap 60] The Defendant is a person with no particular occupation, and the victim D (n, 79 years old) is a person who operates Schlage’s “sus” located near the Defendant’s residence.

The Defendant, around December 6, 2017, entered the above Schlage and brought the victim's old age, carried alcohol, tobacco, etc. equivalent to KRW 10,500 in the market price with a well-known knowledge that it would not be prevented even if he steals the things displayed there, and thereafter, carried the goods worth KRW 45,00 in total four times from December 10, 2017 in the same manner as the list of crimes in attached Form 2.