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(영문) 서울북부지방법원 2017.07.14 2017고합59
강도상해등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On October 19, 2012, the Defendant and the requester for an attachment order (hereinafter “Defendant”) issued a sentence of imprisonment with prison labor for robbery and injury resulting from robbery at the Seoul Eastern District Court on October 19, 2012 and completed the execution of the said sentence on February 28, 2016.

1. On December 19, 2016, the Defendant, who sustained robbery, was 21:00 if he/she was the first half of the facts charged.

However, at the original D cafeteria, the victim d cafeteria spacing with the Defendant, set the alcohol in front of the D cafeteria and F cafeteria, and the time when G, the owner of the F cafeteria, was found to have taken the victim into the F cafeteria at around 19:28, and the victim was confirmed to have taken the victim into the F cafeteria (Evidence No. 2017, 59, Evidence No. 59, page 18), and the defendant was going into the F cafeteria and brought the victim to the victim, so the time when the Defendant and the victim were in the D cafeteria cannot be deemed to have been 21:0.

Since all of these facts are recognized, even if the defendant and the victim were corrected ex officio in accordance with the victim's statement made by investigation agency (the same evidence record 85 pages), it is judged that there is no obstacle to the defendant's exercise of his right to defense.

In the "D cafeteria" located in Dongdaemun-gu Seoul Metropolitan Government, the victim E (V, 52 years old) who had been known prior to this, and flickly flicked with the victim E (e.g., 52 years old) who flicked the alcohol, and the victim flicked the victim to forcibly take the gold flick in his finger.

On December 19, 2016, the Defendant is around 21:26 of the facts charged in around 21:04. However, the Defendant’s view is that the Defendant took a strong view of the victim’s resistance (the same evidence record 27 pages) and that the Defendant took a victim from the F cafeteria is about 21:04 (Evidence 18, 19 of the same evidence record). While the Defendant discovered that the breathd victim was easy at a “F cafeteria” located near the F cafeteria, the Defendant was leaving the breath of the breath and boomed, the Defendant 21:26 of the same day.

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