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(영문) 서울남부지방법원 2016.12.22 2016고합502

강도상해등

Text

Defendant

A shall be punished by imprisonment with prison labor for three years, and imprisonment with prison labor for three years and by a fine for 300,000 won.

Defendant

B above.

Reasons

Punishment of the crime

1. The Defendants’ co-principal

A. On September 13, 2016, the Defendants violated the Punishment of Violences, etc. Act (joint violence) conspiredd to take back a person under the influence of alcohol and to take flight, and around September 23, 2016, Defendant B driven Oralba on the front side of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and Defendant A driven Oralba, and Defendant A passed back the victim F (the age of 28) who was under the influence of the latter part of Oralba while getting on the back seat and walked around it.

Accordingly, the Defendants jointly assaulted the victim.

B. At around 03:26 September 14, 2016, when Defendant A intends to take the back of the victim H (the age of 26) one time in the same way as that of paragraph (a) from the front route of Geumcheon-gu Seoul Metropolitan Government, and attempt to flee, the Defendants of special robbery heard the victim’s desire to take back to the Defendants and returned to the victim again, and Defendant A made several times of faces the victim’s face.

Defendant

A made a statement to the purport that the victim's bags may be caused by the defendant B, while suppressing the victim's resistance, and the defendant B continued to suppress the victim's resistance, and the defendant B took the victim's resistance amounting to 30,000 won in cash, US$ 2,000 in cash, market price of which is equivalent to 15,00 won in cash, market price of which is equivalent to 15,000 won in cash, and one half-way for male who is at least 150,000 won in market price, one new check card, national bank check, bank check card, bank check card, one bank check, driver's license, employee card, resident registration certificate, and bank security card.

Accordingly, the Defendants jointly taken the victim's property by force.

C. On September 14, 2016, the Defendants in collusion with the Defendants on fraud and Specialized Credit Financial Business Act violation 1, 204:01, suggesting the so-called “Kcafeteria” card operated by the Victim J in Gwanak-gu Seoul Special Metropolitan City, as stated in the paragraph B at the “Kcafeteria”), and the Defendants were committed as if the Defendants were to have the legitimate holder of the said card and to pay the price normally, and the Defendants were issued 5,000 won of tin, that is, i.e., the Defendant received from the victim.