beta
(영문) 대전지방법원 2020.09.03 2019고단4884

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2019, the Defendant: (a) was passing ahead of the “C” located in Seo-gu Daejeon, Seo-gu, Daejeon on September 11:20, 2019; (b) was stolen with one LG mobile phone phone at the victim’s market price, which is equivalent to KRW 500,000,000, when the victim D had a plastic will in order to provide traffic service; and (c) entered the said “C” with a dial phone with the victim’s mobile phone in order to provide transportation service.

2. Around September 12, 2019, the Defendant: (a) 12:00 on September 8, 2019, followed by the Seo-gu Daejeon Bankruptcy, and 103 on the street with the victim E (the age of 27) who was aware of usual 103, told the above victim that the victim would drink more alcohol, but the victim refused it; (b) on the ground that the victim ought to have returned home, assaulted the victim by two times.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Damage photographs (E), 112 report handling records, mobile phone photographs, CCTV screen photographs, on-site CCTV video files;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (Attachment, etc. ofCCTV video photographs, etc.), investigation reports (victim's DNA interviews), investigation reports (Listening to the statement by the 112 reporter), investigation reports (Listening to the statement by the 112 reporter), investigation reports (Listening to the statement by the victim E-mail),

1. Relevant Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

B. Second thief (decision on the type of thief) (the decision on the type of thief). The thief (No. 1) of general property is left alone.