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(영문) 서울남부지방법원 2016.05.12 2016고합122

준강도등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. On March 16, 2016, the Defendant: (a) around 14:20 on March 16, 2016, 14:20, Y’s “Y” operated by the victim X (n, 52 years old) located in the Round of the Guro-gu Seoul Metropolitan City W Building, using the difference in the victim’s surveillance negligence; (b) put the victim’s oral 1 emergency exit, which is equivalent to KRW 218,00,000, in the victim’s household room, into the Defendant’s household room; and (c)

절도 사실을 알아챈 피해 자가 피고인을 쫓아와 피고인의 가방을 붙잡자 피고인은 가방을 세게 잡아당긴 후 양손으로 피해자를 밀쳤다.

Accordingly, the Defendant assaulted the victim for the purpose of stealing the victim's property and evading arrest.

2. Larceny;

A. On March 16, 2016, at around 14:00 on March 16, 2016, the Defendant stolen the Defendant’s 1 set of a man’s copt 1 set at the Defendant’s bank, which was operated by the victim AB on the fourth floor of the AA department store in Guro-gu Seoul Metropolitan Government, using the gaps in which the victim’s surveillance was neglected, thereby putting the victim’s market value of 299,000 won in the Defendant’s bank.

B. On March 16, 2016, at around 14:10 on March 16, 2016, the Defendant used the gaps in the victim AD store operated by the victim AD on the second floor of the AA department store in Guro-gu Seoul Metropolitan Government, in which the victim’s surveillance was neglected, thereby putting the victim’s market price of KRW 299,00,000 into the Defendant’s bank and theft.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness X;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of X, AB, and AD;

1. On the surface of the situation observation flag (CCTV), on the surface of the situation (CCTV), photographs of the closure of the situation (CCTV) and the situation observation apparatus (CCTV) on the video stour;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to a investigative report (to monitor the situation (CCTV) and to attach images thereto, etc.);

1. Relevant provisions of the Criminal Act, Articles 335, 333 of the Criminal Act (a quasi-Robbery) and Article 329 of the Criminal Act (abdomination and a choice of imprisonment with prison labor) concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (a quasi-Robbery with the largest punishment) of the aggravated concurrent crimes;