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(영문) 서울동부지방법원 2017.11.09 2017고합191
준강도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2017 Gohap 191"

1. A quasi-Robbery defendant around June 27, 2017: (a) around 01:20 on the street in Gangdong-gu Seoul Metropolitan Government, after approaching the victim D, under the influence of alcohol, he/she shall deduct 30,000 won in cash, which is owned by the victim, and put into the victim D, from his/her market unexploited land.

On the same day, at around 01:25 on the same day, thefted the victim's left side part of the victim's drinking twice for the purpose of evading arrest, and assaulted the victim's bridge beyond the floor by putting the victim's bridge up to the floor, as described in paragraph 1 in the front side of Gangdong-gu Seoul Metropolitan Government.

The prosecutor prosecuted the Defendant on the charge of larceny and quasi-Robbery by deeming the Defendant as concurrent crimes under the former part of Article 37 of the Criminal Act. However, as seen earlier, in the event a quasi-Robbery crime is established, the larceny is not absorption and it does not constitute a separate crime of larceny. As such, the prosecutor determined that this part of the crime is regarded as quasi-Robbery and acquitted the Defendant on the charge of larceny.

2. The Defendant damaged property, at the time, at the place specified in paragraph 2, at the victim F of paragraph 2, at the victim F of paragraph 2’s cell phone to report 112 mobile phone, and at the victim’s expense, one cell phone owned by the victim was laid up on the floor and damaged property so that the amount can be damaged by destroying the repair cost.

"2017 Gohap 291"

3. A larceny: (a) around 01:51 on May 30, 2017, the Defendant found the Victim G while drunkly sitting in front of the calendar station located in the 1349 Han Bank at the Gangdong-gu Seoul, Gangdong-gu, Seoul; and (b) accessed the victim, the Defendant deducted one of the victim’s clothes 6S mobile phones of which the market price is equivalent to KRW 80,000,000 in the face value of the victim’s clothes (80,000,000,000 won in market price) from the victim’s cell phone of 60,000 won.

In other words, they stolen them.

Summary of Evidence

"2017 Gohap 191"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. 수사보고( 전화조사), 수사보고( 현장 탐문수사) 및 긱...

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