Acquittal of the accused shall be acquitted.

1. The summary of the facts charged is a person who was sentenced by the Seoul Northern District Court on June 24, 2016 to imprisonment with prison labor for habitual special larceny and on June 27, 2016 and became final and conclusive on June 27, 2016.

At around 15:00 on June 28, 2013, the Defendant: (a) entered the residence of the victim D in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, 102; (b) carried the name of the victim E (33 years of age) and carried out an assault against the victim by taking the victim’s inserted in order to evade arrest of the victim E (33 years of age).

2. Determination

A. Quasi-Robbery is established by means of assault or intimidation for the purpose of resisting property recovery or evading arrest (see Supreme Court Decisions 2009Do5022, Jul. 23, 2009). An assault, which is a constituent element of quasi-Robbery under Article 335 of the Criminal Act, is sufficiently sufficient if it is recognized that the defendant can generally and objectively suppress resistance of the other party, namely, the degree of suppression of resistance as a means of suppressing resistance as prescribed in Article 333 of the Criminal Act, in light of the specific circumstances, etc. to be arrested, it should be determined based on whether it was sufficient enough to suppress arrest attack (see, e.g., Supreme Court Decisions 2003Do127, Apr. 8, 2003; 2009Do50222, Sept. 23, 2010). Furthermore, there is no doubt that the court has the burden of proof to prove guilt in criminal facts, and thus, there is no reasonable doubt as to the defendant’s guilt.