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(영문) 인천지방법원 2013.04.24 2013고합147

준강도등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court, and completed the execution of the said punishment on May 19, 201.

【Criminal Facts】

On February 13, 2013, at around 13:00, the Defendant entered the victim D’s house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, by hand, the Defendant: (a) laid the window’s vinyl that was not corrected through open gate into the tear gas, and opened with the victim and the victim, who opened the erogate with a gold erob amounting to KRW 3,000,000 in the market price owned by the victim, which was in the inside of the inside erogate, of KRW 30,000,000 in the market price of the victim’s possession. (b) On February 13, 2013, the Defendant laid one gold erobbbbs in the eropa, of which is equivalent to KRW 70,000,00 in the market price of the victim’s possession. (c) After entering the living room, the Defendant erobsinged the cash 25,000,00 won owned by the victim.

Accordingly, the defendant had the victim go beyond the floor by pushing the victim's chest part on several occasions with the aim of evading arrest.

As above, the Defendant invadedd the victim’s residence, stolen the victim’s market value of KRW 595,00 in total, and abused the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (combined investigation of a case and additional investigation of a victim), investigation report (to hear statements from a victim's telephone);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the status of personal identification and confinement);

1. Relevant Articles 335 and 333 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of quasi-Robbery) concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (limited to the proviso of Article 42 of the Criminal Act in regard to quasi-Robbery);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be more severe than the punishment provided for in the quasi-Robbery, and it shall be limited to the maximum of the punishment provided for in the proviso of Article 42 of the Criminal Act;