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Reasons
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(영문) 의정부지방법원 2015.01.06 2014고합358
강도상해등
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A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

1. On September 16, 2014, the Defendant suffered from robbery: (a) discovered the brupt distance under the influence of alcohol on the street in front of the Government of the Republic of Korea (23 years old); (b) prevented the Defendant from making any resistance on the ground by fasting the victim’s hand by fasting about 50 meters; (c) preventing the Defendant from putting the victim’s hand over the ground; and (d) NH NowC Card, NBC Card, the victim’s NBC Card, the KB Citizens Card, and 1,00,000,000,000,000,000,000 won in the market price of the Plaintiff’s galthalopa S5 Handphonephone; and (e) placed approximately two weeks face of the victim’s face requiring treatment.

2. On September 16, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) around 04:17, 2014, at an entertainment tavern for “G” in the “G”’s operation of the victim FF on the second floor E-2 level, the Defendant presented a copy of the NHF CF card in the name of D, which was taken by force, and had the victim prepare three copies of the debit card sales slip with the amount of KRW 432,000,000 with the fee for singing, etc. and issued it to the victim’s signature; and (b) obtained pecuniary benefits equivalent to that amount by deceiving the victim by deceiving the victim from paying the user the fee for singing, etc. in an amount of KRW 432,00,000 with the above method.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. The police seizure record and the list of seizure;

1. A written diagnosis of injury;

1. A receipt of card use;

1. Photographss of seized articles, photographs of the injured part of the victim, CCTV photographs at the scene, and cellular phone photographs;

1. Application of Acts and subordinate statutes to investigative reports (case of recovery of damaged articles, submission and report of reference materials to victims, recording of statements made by victims);

1. Relevant Article 337 of the Criminal Act, the choice of punishment for the crime, Article 337 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 70 (1) 4 of the Specialized Credit Financial Business Act (the illegal use of debit cards and the choice of imprisonment).

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