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(영문) 춘천지방법원 강릉지원 2015.11.11 2015고단1037

절도등

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 22, 2015, the Defendant suffered injury and damage of property: (a) around 00:43, the victim D (the age of 48) located in Gangseo-si, Gangnam-si, requested the victim to bring the lawsuit in the “Esing practice room” VIP room operated by the victim D (the age of 48); (b) however, he heard the victim’s speech that the victim does not have the right to bring the lawsuit in his hand; (c) as the victim was able to bring the victim into his hand; and (d) on the ground that the victim demanded the victim to bring the victim’s face at the time of the victim’s request to turn in his hand, the Defendant sawed the light that the safety of the victim was used as the floor,

On the other hand, the defendant continued to flee from the stairs to the back of the victim, and the defendant's back, such as the back, etc. of the victim and the shoulder part, etc. were 5 to 6 times.

As a result, the defendant suffered injury to the victim, such as damage to the diversity of wood that requires treatment for about two weeks, and damaged the safety of about 200,000 won in the market price owned by the victim.

2. At around 00:50 on September 22, 2015, the Defendant: (a) committed theft with the intent of bringing about tobacco, etc. to an amount calculated by the victim D at a singing room at the place specified in paragraph (1) by using the victim’s drinking value; and (b) with the intent of bringing about approximately 500,000 won of the total market value owned by the victim, the Defendant stolen, without the victim’s consent, including approximately 14:1, 1, 2, 1, 1, 1, 1, and 1,000 won of the market value owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the on-site photographs, investigation reports, 11 on-site photographs, 34 copies of CCTV-fagsing photographs, such as the victim D's assault part, etc., and the application of investigation reports (refaging, irrigation, and verification);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, the selection of fines for each crime (including cases where agreement is reached with the victim, etc.);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;