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(영문) 부산지방법원 동부지원 2016.11.01 2016고합46
강도등
Text

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

Of the facts charged in this case, the main building and fire prevention shall be acquitted. The above innocence shall be acquitted.

Reasons

Punishment of the crime

On December 2013, the Defendant borrowed KRW 10 million from the victim C (n, 63 years of age), and delivered a false lease contract of KRW 40 million on a deposit basis, written consent of the owner of a house, loan certificate, etc. to the victim, and thus, the Defendant had the victim drinkd and lost the mind of the victim and recovered the drinking water containing exempted ingredients.

On April 25, 2014, from around 21:00 to 21:40, the Defendant: (a) at the small room of 201, “Egra,” which is the residence of the victim located in Busan Nam-gu, Busan, the Defendant divided the victim into the victim and the talk; (b) in advance, recommended the victim to use the drinking water of 500, which includes the exempted ingredients from water, prepared in a household, so that the victim can drink it and be placed in a mixed status; and (c) took the Defendant’s measures such as the foregoing rent contract, the house owner’s written consent, the loan certificate, etc., which was located in the bank of the victim, and the cash amounting to KRW 1.8 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, F, G, H, I, and J;

1. Each response to an order issued to submit financial transaction information to community credit cooperatives in this court;

1. Requests for appraisal, reports on the results of blood appraisal, and reports on requests for appraisal;

1. Details of the calls sent (the details of the calls sent and received after the date and time of the crime);

1. The replys to the request for investigation cooperation, replies to the request for investigation cooperation (e.g., the details of prescription by the A, K and L stroke), and the application of Acts and subordinate statutes to the investigation report (e.g., details of K

1. Determination as to the assertion by the defendant and his defense counsel under Article 333 of the Criminal Code of the relevant criminal facts

1. The defendant asserts that the victim had the victim enter the drinking water containing exempted ingredients into a mixed water condition, and that there was no fact of taking property forcibly after he had the victim take the drinking water into a mixed water condition.

2. The judgment is based on the following: (a) the victim was found to have lost the mind of drinking beverages that the Defendant gave; and (b) the victim borrowed the spirit of the drinking beverages and lent KRW 10 million to the victim around December 2013.

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