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(영문) 청주지방법원 2018.02.02 2017고합286

준특수강도등

Text

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

Seized one knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. A quasi-special robbery Defendant: (a) 08:20 on November 2, 2017; (b) 2, 2017; and (c) 2 Byung-ju (the market price in which the victim D was in a cafeteria-gu, Cheongju-si; and (c) 8,000 won of the market price in which the victim D was in a cafeteria-gu, Cheongju-si; and (d) 1.

In order to escape arrest, the victim F, who is the South dynamics of the victim D, was loaded in the Libya and brought by the defendant, and the victim F, who was the victim F, tried to report to the police with the mobile phone, and assaulted the two arms of the victim F, who was reported by hand, with the intention to escape arrest, and one industrial knife (Evidence No. 1) which is a deadly weapon, to the victim F, and reported to the police.

2. A thief: (a) around October 18, 2017; (b) around 14:28, 201, the Defendant: (c) 2 Ch in the amount equivalent to KRW 2,800, the market price of the victim’s ownership in the air condition, which was located in the air conditioners run by the victim H located in Heung-gu, Young-gu, Chungcheongnam-si

In other words, they stolen them.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A H statement;

1. A seizure list;

1. Photographs description and investigation report (CCTV analysis);

1. The defendant and his defense counsel did not assault and threaten the victim F for the purpose of evading arrest with respect to paragraph (1) of the judgment;

The argument is asserted.

However, according to each of the above evidence, it is sufficiently recognized that the defendant committed a threat to the police by assaulting the victim F who intends to prevent the defendant from escaping immediately after theft of the victim D's main illness, and by using a knife knife, as stated in paragraph (1) of the judgment of the court below, and that the above act by the defendant F is ultimately included in the purpose of evading arrest of the defendant by reporting the victim F to the police. Thus, the above argument by the defendant and the defense counsel cannot be accepted.

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;