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(영문) 창원지방법원 2014.09.15 2014고합175

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 quasi-special robbery Defendant: (a) around 04:15, Jun. 22, 2012, at the E convenience store operated by the victim D (the 21 year old), the victim D (the 21 year old), who was in custody in the Ascream cooling house installed in front of the convenience store, cut off 13 ice 18,50 won of the market price owned by the victim D; (b) the entrance door of the locked convenience store was automatically cut off several times, intruded into the convenience store and stolen cash, opened a safe at the seat of the convenience store, cut off cash into the convenience store, and then cut off to the victim F (the 23 years old) with a view to evading arrest.

Accordingly, the defendant invadedd on a structure managed by people at night, and committed violence for the purpose of stealing the victim's property and evading arrest.

2. Around 04:40 on June 22, 2012, the Defendant: (a) driven a G Mart car while under the influence of alcohol of about 500 meters in the section of approximately 500 meters alcohol content from the front to the front day of the 59 rice poper.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Reports on detection of suspects in violation of the Road Traffic Act, circumstantial reports on drinking drivers, and reports on detection of drinking drivers;

1. Application of the CCTV photograph Acts and subordinate statutes to the suspect;

1. Relevant Article of the Criminal Act and Articles 335, 334 (1) of the Criminal Act (the points of quasi-special robbery and the choice of limited imprisonment), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of running sound and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the former part of Article 38, Article 38(1)2 and Article 50 of the Criminal Act [the second two crimes shall be applicable].