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(영문) 서울북부지방법원 2014.03.28 2014고합24
준강도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. A quasi-Robbery: (a) around 03:50 on January 1, 2014, the Defendant discovered the victim C (the 22 years of age) returned from the Dongdaemun-gu Seoul Metropolitan Government D Street; and (b) threatened the victim with sound by setting up one handbabbbbbbbbs equivalent to KRW 400,000,00,000, in the market price where the victim was followed by the victim following the sunset; (c) 1.50,000,000 won in cash used by the victim; and (d) 40,000,000,000 won in the market price where the victim babskbs, babs, and babs, etc., bab

Accordingly, the defendant tried to steals property, and committed violence to the victim for the purpose of resisting the recovery of property and evading arrest.

2. On January 4, 2014, at around 04:45, the Defendant discovered the Victim F who returned home in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and followed the victim later, thief 20,000 won in cash 20,000 won, cosmetics equivalent to 40,000 won used by the victim while following the victim later, including 5,000 won in department store merchandise coupons 5,00,000 won, and 1 Samsung Ggal jutho S4 mobile phone in the market value of KRW 90,000 in total.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to C, F, and G;

1. Application of Acts and subordinate statutes on the seizure protocol dated January 6, 2014, Seoul East-gu, Seoul High Court Order

1. Relevant Articles 335 and 333 of the Criminal Act, and Article 329 of the Criminal Act, which provide applicable legal provisions concerning facts constituting a crime, and Articles 335 and 333 of the Criminal Act, which choose a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes] among concurrent crimes, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act on probation and community service order;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Legal penalty;

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