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(영문) 대구지방법원 2018.11.16 2018고합350
준강도등
Text

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

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

On July 26, 2018, at around 04:00, the Defendant intruded into a restaurant through a window not locked by the victim and his wife, and entered an inner room where the victim and his wife are divingd, and entered the cremation room where he was on the cremation room, and had Chapter 80,00 won of cash, which is the victim's possession, 10,00 won of Onnuri gift certificates 10,00 won, 2, which is the victim's possession, and had Chapter 80,000 won of Onnuri gift certificates 10,000 won and 10,000 won, to escape arrest of the victim who was frightd against the victim. The Defendant threatened the victim to “I are only one with a value of tax base of annual income, and knit knit knife knife knife knife knife knife knif

As a result, the Defendant invaded upon a human habitation at night, stolen the victim's property, and committed violence and intimidation against the victim for the purpose of evading arrest.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement by the witness J;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police to J;

1. A report on the occurrence of a thief incident, a report on the results of field identification, and images of a CCTV-cape;

1. On-site reports (CCTV verification and investigation);

1. Application of Acts and subordinate statutes to report on investigation (specific suspect, victim telephone investigation, hearing statements of victims);

1. Relevant Article of the Criminal Act and Articles 335, 334 (1), and 333 of the Criminal Act concerning the selection of criminal facts;

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount

1. The summary of the defendant's and his defense counsel's assertion was merely a fact that the defendant tried to put the defendant to arms against the victim and attempted to flee, and there was no assault by the victim's breast part of his chest, or threatened the victim "only knife knife knife knife knife knife knife

2. The degree of assault and intimidation, as a means necessary for the establishment of the crime of quasi-Robbery as stipulated in Article 335 of the Criminal Act, is generally and objectively recognized as a means to suppress other party’s resistance.

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