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(영문) 대전지방법원 2014.05.12 2013고합537

강도상해등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 08:00 on September 7, 2013, the Defendant: (b) committed theft by flying a thief, which was installed at the entrance of the “PC camping machine” building located in the Dong-dong, Chungcheongnam-si, Chungcheongnam-si; (c) the market price of the victim’s name and unclaimed boxes, owned by the victim, was at least 425,000 won, without correcting one bicycle prices.

2. A quasi-special robbery: (a) around 04:0 on September 8, 2013, the Defendant: (b) invaded the above building through open windows operated by the victim E (the age of 48) in Chungcheongnam-si, Chungcheongnam-si to take away things from the said building; and (c) threatened the victim, who was diving in the Schlage, with his/her inner body, with his/her intention to defend himself/herself against play on the Defendant’s personal seat; and (d) threatened him/her with sound called “Ipth, Ipth, Ipth, Ipth, and Ipth,” with his/her will to defend himself/herself on the Defendant’s personal seat.

Accordingly, the defendant invadedd the building managed by the victim at night, thereby intending to steals the victim's property, and threatened the victim with the intention to escape arrest.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (investigation of bicycles stolen by a suspect) (the fact of No. 2 on the market);

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the statement E in the second protocol of interrogation of the defendant against the defendant

1. Police officers and prosecutor's protocol of statement regarding E;

1. A report on the results of field inspections;

1. 112 A list of receipt and handling of reports on crimes;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs, such as a criminal scene and part of an injury, etc., and a scericker photograph);

1. Relevant Article 329 of the Criminal Act concerning the crime (the point of larceny and the choice of imprisonment), Articles 342, 335, and 334 (1) of the Criminal Act (the point of attempted quasi-special robbery and the choice of imprisonment for a limited term);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;