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(영문) 의정부지방법원 2013.07.24 2013고합244
강도등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant had no intent and ability to pay the fare even if he/she uses a taxi with pro-Japanese C.

Nevertheless, around 03:38 on December 4, 2012, the Defendant boarded from E-cab driven by the victim D, as the Defendant would pay for the fee with C in front of the Do Government Station located in the Do Government-dong located in Do-si, and left the F apartment at the top of 305 Do-dong and did not pay for the taxi fee, and went away with the above C.

Accordingly, the defendant, in collusion with C, has acquired financial benefits equivalent to 15,000 won of taxi fares by deceiving the victim.

2. On December 11, 2012, around 03:20 on December 11, 2012, the Defendant: (a) boarded in the head of J-si operated by the Victim I (Age 51) in front of the G-si branch of the G-si G-si; and (b) arrived at the F Apartment at the top of 305 p.m. in Yangju-si, Yangju-si.

The Defendant did not resist the victim by taking away things about 20 cm in length from Australia, and threatening the victim, and did not pay 15,000 won for the taxi, and brought 20,000 won in cash owned by the victim who was kept on the side of the above taxi due to the change of the taxi.

Accordingly, the defendant, by threatening the victim, was exempted from the taxi fee of 15,000 won, thereby acquiring property benefits equivalent to the same amount, and forcibly taking 20,000 won in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Part I of the prosecutor's protocol of interrogation of the defendant against the defendant

1. Statement of the police officer to I;

1. Application of each investigation report and CCTV video-related Acts and subordinate statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and Article 333 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishments of the above two crimes] shall be 1.

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