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(영문) 서울북부지방법원 2015.10.30 2015고합224
강도상해등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, around 04:00 on June 7, 2015, the Defendant: (a) discovered that the victim E was under the influence of alcohol due to the open crepits set forth in subparagraph 210 of the said crepits; (b) entered the said subparagraph 210, and carried 20,000 won in cash on the part of the victim’s back part of the back part of the 210s.

Accordingly, the defendant stolen property by intrusion into the room possessed by the victim at night.

2. From June 7, 2015, around 04:10 on June 7, 2015, the Defendant continued to have attempted quasi-special robbery: (a) 306, which was possessed by the victim F of the victim F of the Dnbnb, and discovered stolen articles, the Defendant was discovered to the victim G (the 54 years old), who is the principal of the said female officer, and was aware of the attempted crime; (b) and (c) the victim G, who threatened the victim of the above 306 front corridor to “a knife,” and was in possession of the victim G, for the purpose of evading the arrest of the victim by putting the victim on the victim.”

As a result, the defendant invaded the room possessed by the victim F in night, attempted to steals property, and threatened the victim G with the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Each statement of E and F;

1. Each protocol of seizure and the list of seizure (cash and knife);

1. A report on the occurrence of a theft and injury, and a report on an investigation (a counter investigation of CCTV at the scene of occurrence);

1. Three copies of a kacker photograph, the scene of the crime, and the print-out photographs of CCTV;

1. Application of the existing Acts and subordinate statutes of one kacker (No. 2) seized;

1. Relevant provisions of the Criminal Act and Articles 342, 335, and 334 (1) of the Criminal Act (the point of attempted quasi-special robbery and the choice of limited imprisonment) concerning criminal facts, and Article 330 of the Criminal Act (the point of night intrusion theft);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted crimes and quasi-special robbery) of the Criminal Act mitigated by law;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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