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(영문) 서울중앙지방법원 2019.10.25 2019고합476
특수강도등
Text

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

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violence, etc. Act (joint conflict) with B, the Defendant had the victim C (the 19-year-old) who was a alumni at a middle school open the cell phone, and had the victim take the cell phone and sell it. On June 29, 2018, the Defendant threatened the victim, “I will not send the cell house to the house until you open the cell phone,” and caused the victim to open one cell phone in the name of the victim from the “E mobile phone agent” located in Dongjak-gu Seoul Metropolitan Government, Seoul, to open the cell phone of the amount of 1,557,600 won in the name of the victim.

Accordingly, the defendant jointly received the victim's property in conjunction with B.

2. The Defendant violated the Punishment of Violence, etc. Act (joint confinement) together with B, led the victim to open more cell phone numbers and take them away. On July 4, 2018, at around 00:10, the Defendant silentd the victim’s request to the back seat of the “G” elementary school located in Gwanak-gu in Seoul Special Metropolitan City, for about 1 hour and 30 minutes of moving the victim to approximately 1 hour and 1 hour and 30 minutes of moving the victim to the address gate in Pyeongtaek-gu, Pyeongtaek-gu, Seoul Special Metropolitan City, and tried to prevent the victim from walking out of the above gate. From that point to July 6, 2018, the Defendant tried to have the victim go back to the Dongjak-gu Seoul Metropolitan City and to prevent the victim from walking.

Accordingly, the defendant jointly detained the victim with B.

3. On July 4, 2018, the Defendant, along with B, operated the victim at the rear seat of a passenger car operated by him and operated the sports-presidential zone with the victim.

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