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(영문) 서울중앙지방법원 2017.08.11 2017고합542
강도상해
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, at around 05:06, around April 8, 2017, under the state that the Defendant lacks the ability to discern things or make decisions due to the influence illness, at the D convenience store located in Jung-gu Seoul, Jung-gu, Seoul around 05:06, changed the 3 A of DNA tobacco to the victim E (the 19 years of age), who is an employee of the above convenience store, and then the victim demanded 12,000 won and rejected it.

Police is also the police.

Meba(b) will drink.

After prohibiting the victim from resisting against the victim's head, hand, etc. on several occasions with a stick for mountain use "," the victim's head, hand, etc. was in possession, 3 others of DNA tobacco amounting to 12,00 won at the market price were compelled to withdraw from the market price, but it was not achieved by the police officer arrested as a flagrant offender by the police officer who was reported 112 and called 112, which caused the victim's injury to sugar with no one in need of medical treatment for about 10 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. A protocol of seizure and a list of seizure;

1. Plastic photographs for mountain use, CCTV video recording materials, DNA convenience stores, and internal photographs;

1. The Defendant asserts that the investigative report (CCTV investigation) and his defense counsel’s assertion on the allegation that there was no money to purchase tobacco at the convenience store, and only when the victim was the victim, the Defendant did not have an intent to forcibly take tobacco from the victim.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., CCTV images (the 37th page of the investigation record), i.e., (i) the Defendant changed tobacco to the victim in the convenience store calculation unit, but continued to provide tobacco to the victim by putting the victim's head and hand with stick for delivery, such as the victim's head and hand.

Then, it is possible to confirm how to do so (20170410 Do10 Do10173.mp4 01:05-01:30), 2.

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