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(영문) 서울북부지방법원 2016.01.19 2015고합217
강도상해등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant committed each of the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to mental illness with stimulative disorder:

1. On December 29, 2014, around 23:07, the Defendant became aware of the fact that, in the course of the conference of “Ih E pande clubs” in D’s restaurant located in Gangnam-gu Seoul, Seoul, the Defendant was separately stored in D’s valuables in the instant restaurant.

The Defendant: (a) entered the victim F’s room inside the said “Mondoles” by making use of the gap where surveillance in the surrounding area was neglected; (b) 250,000 won in cash after the victim G’s wall bed; (c) 80,000 won in cash after the victim H’s wall bed; and (d) 200,000 won in cash after the victim H’s wall bed; (b) 200,000 won in cash, which is one victim I-owned cash; and (c) 1 head of sular card and one new physical card, which is equivalent to 178,000 won in market price.

They go back.

Accordingly, the defendant stolen the victims' property.

2. Fraud;

A. On December 29, 2014, at around 23:46, the Defendant presented a stolen credit card as the means of settlement at the “K convenience store” located in the Seoul Special Metropolitan City, Nowon-gu, as indicated in paragraph 1 at the “K convenience store,” and then, as if he was the lawful holder, deceiving the victim L who is the owner of the place where he was located, and that deceiving the victim, which is the owner of the place where he was the legitimate holder, and the Defendant purchased the two shares per two weeks, the amount of KRW 57,00,000 in the market value of KRW 54,00 per two weeks and the market value of KRW 57,00.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 29, 2014, around 23:54, the Defendant presented a stolen credit card as the means of settlement, as stated in paragraph (1), from “N gas station” located in Dobong-gu Seoul Metropolitan Government M, and then, as if he/she had a legitimate possession, entices a victim’s name in distress, who is the owner of the place of business, to whom he/she was responsible, and then deceiving the victim’s name in distress, who is the owner of the place of business, to which he/she belongs, and thus, de facto

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