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(영문) 서울북부지방법원 2017.04.21 2016고합589
준강도
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2016, around 19:35, the Defendant discovered a room in front of the “D” convenience store located in Jungdong-gu Seoul Metropolitan Government, containing business documents, etc. attached to the table set up in front of the above convenience store E ( South, 76 years old). The Defendant fleded with the above bank by using the gap that the victim entered into the above convenience store for fraud.

The Defendant continued to use a bank in front of the Seoul mid-gu Seoul Metropolitan Government, and 40 meters away from the Defendant, and demanded the victim to return the bank by putting the Defendant’s arms. As the victim took a bath to “the head of the camping spack,” the victim spacked the victim by hand, and got the victim over the floor, and sprinking the breath of the victim, which goes beyond the floor by hand.

As a result, the defendant stolen the above bank whose market price is unknown, and assaulted the victim for the purpose of resisting the recovery of property or evading arrest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of statutes on the list of reported cases to photograph damaged articles, investigative reports (to hear statements by a reporter on telephone conversations 112), and 112;

1. Articles 335 and 333 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a period of one year and six months from six months to three years (limited areas of mitigation);

3. The crime of this case committed by the Defendant, which committed the crime of this case, is not against the nature of assaulting the victim while refusing to request a return of the bank by the victim, who was placed on the tables of convenience stores.

The defendant has been sentenced to four times a fine for violation of the Punishment of Violences, etc. Act and the crime of bodily injury.

Provided, That the degree of assault is serious;

It does not seem, but does not seem.

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