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(영문) 수원지방법원 평택지원 2016.07.27 2016고합55
준특수강도등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a Vietnamese foreigner.

1. A quasi-special robbery Defendant: (a) around May 9, 2016, entered the E-cafeteria operated by the victim D in Ansan-si around 21:05; (b) confirmed that no one had entered the E-cafeteria operated by the victim D; and (c) committed an attempt to steal the victim’s property in the restaurant.

The Defendant collected the victim, who was entering a restaurant by 720,000 won or more at the market price of 620,000,000 won or more of the goods, such as glass and leathers, from a restaurant hold a cafeteria, and marins, who entered the restaurant on the shoulder, and a knife knife ( approximately 33 cm in total length, approximately 20 cm in length, and about 20 cm in length), and had the victim escape, and had the victim concentrate on arresting him.

As a result, the defendant was aware of the victim during the theft of property, and threatened the victim with a deadly weapon for the purpose of evading arrest.

2. On May 9, 2016, the Defendant: (a) while escaping as set forth in paragraph (1), was hiding in the warehouse of the victim G (41: South) located on the fourth floor of the F building in Ansan-si around May 21:10, 2016, the Defendant destroyed the victim’s house by listening to the sound that the victim D satise the Defendant and satise the Defendant, and satisf the victim’s house, and satisfyed out from the house, and satisfs the victim’s house through the satch door, satfs that would no longer have fled; and (b) the victim satddds the glass of the ward and escaped back to the back.

Accordingly, the defendant damaged the victim's free door to 70,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of relevant Acts and subordinate statutes to each protocol of seizure, each list of seizure, investigation reports (only for estimation of damage to property), and photographs at the scene of damage to property;

1. Relevant Article 335 of the Criminal Act, Articles 334(2) and 334(1) of the Criminal Act (a quasi-special robbery and choice of imprisonment with prison labor) concerning facts constituting an offense, and Article 336(1) of the Criminal Act (a) of the same Act;

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

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