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(영문) 서울중앙지방법원 2017.09.26 2017고단3940

폭행등

Text

A defendant shall be punished by imprisonment for 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. Larceny;

A. On March 16, 2017, the Defendant, at the “D” convenience store operated by the victim B in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government around 16:00, was stolen by taking advantage of the victim’s negligence in monitoring and neglecting the victim’s supervision.

B. From the “G” convenience store operated by the victim E in Yongsan-gu Seoul, Yongsan-gu, Seoul around 03:00 on March 2017, the Defendant stolen the victim E’s tobacco 2 A in an amount equivalent to the total market price of KRW 9,000, which was located in the calculation unit of the victim’s monitoring negligence.

(c)

On March 24, 2017, around 19:48, at the “J” convenience store operated by the victim H on the second floor underground of the Yongsan-gu Seoul Special Metropolitan City I building, the Defendant stolen the victim H by taking advantage of the gaps in the victim’s surveillance negligence, and by taking advantage of the gap in the display stand in the display stand, 3,320 won in total.

2. On April 19, 2017, the Defendant assaulted the victim’s face twice on the ground that the victim K (45 arch) used the Defendant’s back-to-face in the post office underground bulletin in the 21 calendar calendar route, which was the unification of Jung-gu Seoul, Seoul, Seoul, on April 19, 2017, on the ground that he used the Defendant’s back-to-face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. B written statements;

1. Each police statement made to E, H, and K;

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Jan. 1, 201>

1. Article 62-2 of the Criminal Act on the observation of protection;