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(영문) 서울남부지방법원 2018.04.13 2016고합363

준강도

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A thief: (a) around May 2, 201, at around 21:05, the Defendant: (b) cut off the victim D’s “E”er operated by the victim D located in Yeongdeungpo-gu Seoul Metropolitan Government, by putting the victim’s own share of KRW 13,000, the market price of which is the victim’s own share of KRW 13,00,000 (100 intervention) into one’s own bank.

2. On May 2, 201, the date when the instant crime was completed, the Defendant and the defense counsel asserted that the prosecution was completed on July 28, 2016, since the five-year statute of limitations under Article 249(1)5 of the Criminal Procedure Act was instituted on July 28, 2016 after the lapse of the five-year statute of limitations under Article 249(1)5 of the said Act.

However, according to the evidence duly adopted and examined by this court, the defendant was found to have departed from May 3, 201 and entered the Republic of Korea on April 29, 2016. In light of the situation that the defendant left the Republic of Korea immediately after the police investigation on May 3, 2011, the defendant was aware that he could be punished for the crime of this case, and the defendant was in a foreign country with the intention to escape criminal punishment.

Since it is reasonable to see that the statute of limitations is suspended.

Defendant

The assertion of defense counsel and counsel is without merit.

As described in the above 1. 1. The defendant 1. contained a paper of coffee 1 in his own bags, and assaulted the victim D (the victim 35 years of age) by asking about five losses, etc. of the victim who knife his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes, such as losses of a victim, etc., in cases where a victim commits a theft, or a victim who steals a stolen victim, or in cases where a victim runs away, the application of such Acts and subordinate statutes shall apply;

1. Relevant Article 329 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act (a point of violence), and the selection of each fine for a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment heavier than that prescribed for larceny);

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.