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(영문) 대전지방법원 2018.04.13 2017고합362
강도상해등
Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for defendant B and D, and for four months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

Defendants and E are Chinese people, and Defendants A and B are married couple.

Defendants and E had a mind that Defendant A, Defendant C, and E were damaged by fraud to the victim F, and had the victim take money by putting the victim into mind.

1. In a case where it is deemed that there is no concern that the defendant's exercise of his/her right of defense may be seriously disadvantaged in light of the progress of the trial, the court may recognize facts constituting a crime different from the facts charged ex officio to the extent consistent with the facts charged even if the indictment has not been modified (see Supreme Court Decision 2005Do9268, Apr. 13, 2006, etc.). Thus, the court convicted ex officio the defendant of the reduction without changing the indictment.

On March 29, 2017, the Defendants discovered the victim in the H University Language Education Center parking lot located in Daejeon Seo-gu, Daejeon on March 29, 2017, and Defendant A performed flating the flat of the victim, Defendant B, Defendant D, and E flating the victim’s flat, and Defendant C flatd the victim’s flat away from the victim’s flat.

Defendant

A, in his/her hand, shall not pay the victim's money with his/her her son.

D. D. The repayment of money borrowed by D. D.

“Pasting,” and attempted to receive cash from the injured party, but the victim did not possess it and did so so.

2. Defendant A, B, and D jointly with Defendant A, B, and D in violation of the Punishment of Violences, etc. Act (joint confinement) and at the place described in paragraph (1) around March 29, 2017, at around 22:50 on March 29, 2017, Defendant A had a breath of the victim’s breath, Defendant B followed the victim’s breath, Defendant D, and E had both arms of the victim, and continued to attract Defendant D and E had both arms of the victim from having a breath of Daejeon, the residence of the victim’s dwelling. Defendant D and E had both arms of the victim so that the victim may not escape.

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