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(영문) 전주지방법원 정읍지원 2021.01.27 2020고합47
준강도등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. At around 09:30 on October 24, 2020, the quasi-Robbery Defendant opened a driving back door of the victim D (son, 39 years old) who was parked on the road in front of C in the front of the North Northern Zone B prior to the 2020, and 160,000 won in cash on the part of the victim who was placed on the top of the said vehicle, and opened the victim F (son, South, 45 years old) who was witnessed in the vicinity of the said vehicle, and she committed violence by threateninging the victim F (son, South, 45 years old) with a stone dried on the floor for the purpose of evading the arrest of the defect and destroying the victim F, thereby threateninging the victim F, and destroying the victim F, with the body of the victim F.

Accordingly, the defendant committed violence against the victim F for the purpose of stealing the victim D's property and evading arrest.

2. Larceny;

A. On August 1, 2020, from around 09:00 on the same day to around 10:30 on August 1, 2020, the Defendant: (a) opened a back door on the side of the driver’s seat, which was parked on the road (e.g., a f., a f., the f., the f., the f., the f., the f., the f., the f., and the f., the f., the f., the 145,000 won in cash in the said vehicle.

B. On October 24, 2020, the Defendant: (a) committed theft with one bicycle for a known amount of 200,000 won at the market price owned by the victim K (T, South, and 55 years old) located in the JK parking lot located in Buan-gun I while the Defendant escaped from F’s attack at the time and time specified in paragraph (1).

Summary of Evidence

1. The application of laws and subordinate statutes, such as the investigation report by the police on the defendant's legal statement D, F, K, and G (related to recovery and return of damaged articles, with respect to collection of stone used by the victim F when the victim threatened the victim F, with respect to the attachment of black stuff images, on-site photographs, etc. used by the victim by the victim to threaten the victim);

1. Relevant provisions of the Criminal Act, Articles 335 and 333 of the Criminal Act (the points of quasi-Robbery) concerning criminal facts, and Article 329 of the Criminal Act (the point of intention and the choice of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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