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(영문) 대전지방법원 천안지원 2017.04.26 2016고합113
준강도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant of “2016 Gohap 113” came to the “EMt” operated by D, located in Seo-gu, Northern-gu, Yancheon-si, Yacheon-si, Yacheon-si, on December 13, 2014. The Defendant listened to the body of the Defendant while opening the string through the heat racker and printing the stolen articles.

The victim F, “F,” f.o.b., the Defendant’s f.o.b., f., d., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.,

Accordingly, the defendant tried to steals property, and assaulted the victim for the purpose of evading arrest.

On June 25, 2015, the Defendant received a second draft physical notice from the chief prosecutor of the Daejeon Military Manpower Administration on July 13, 2015 to the effect that he/she would undergo a draft physical examination at around 10:35 on June 25, 2015, and did not undergo a second draft physical examination on the date without justifiable grounds.

Summary of Evidence

"2016 Gohap 113"

1. Statement by the defendant in court;

1. Statement made by the police in relation to the victim or D;

1. "Sites and damaged photographs, 2016, 129";

1. Statement by the defendant in court;

1. A written statement of a charge, accusation, or complainant against a violator of the Military Service Act;

1. Application of Acts and subordinate statutes to the receipt certificate of a draft physical;

1. Articles 342, 335, and 333 of the Criminal Act concerning facts constituting an offense (the attempted robbery) and Article 87 (3) of the Military Service Act (the point of evading a draft physical examination again);

1. Articles 25 (2) and 55 (1) 3 (limited to quasi-Robbery) of the Criminal Act to be mitigated legally;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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