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(영문) 춘천지방법원 2020.02.06 2019고단1137

절도미수등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant attempted to larceny, on September 23, 2019, at the D convenience point where the victim C works in Switzerland-si around 01:50, had telephone conversations as if he had a close relation with the convenience store, and attempted to commit a theft of the victim E, the owner of the said convenience store, who is the owner of the said convenience store. However, the Defendant failed to bring about the attempted theft of the victim E, which is the owner of the said convenience store.

2. While the Defendant, at the time and place set forth in paragraph (1) of this Article, was dissatisfied with the above criminal facts, the Defendant assaulted the victim F, who is the convenience store customer, with the victim’s face at one time with the victim’s face being satisfe and satisfed, by preventing the Defendant.

3. The Defendant: (a) expressed that the police officer of the Chuncheon Police Station G District G District Police Station, who received a report on the foregoing criminal facts, requested confirmation of cell phone call records in order to confirm the thief crime; (b) expressed the said police officer’s desire to “Isk-rier, Isk-rier” and obstructed the police officer’s performance of official duties by pushing the shoulder of the said police officer one time with his left hand.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement related H;

1. C and F statements;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, on-site photographs, CCTV images CDs, investigation reports (specific thief victims and listening to telephone statements);

1. Articles 342 and 329 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only the crime of larceny but also the crime of assault and obstruction of performance of official duties, and the fact that the defendant did not agree with the victims, etc. that are disadvantageous to the defendant.

However, the defendant committed his crime.