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(영문) 서울중앙지방법원 2016.05.13 2015고합1189

준강도

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 13, 2015, the Defendant embezzled 4,000 won of a mobile phone case in which the victim E was put on the front of the cash automation counter for the branch offices of the new cooperative Diplomatic branch in Guro-gu Seoul Metropolitan Government, and 3 copies of a cell phone card owned by the victim E, and 40,000 won of a market price in the case, and 400,000,000 won of a galth galth thalth thalth thalth thalth thalth thalth th thalth th th th th th th th th th th th th th th th th th th th th th th th th

2. As above, the Defendant: (a) distributed advertising leaflets in the vicinity of the victim E (23) immediately after gathering a cell phone; (b) and (c) was demanded by the injured party to return the cell phone from the injured party; and (d) was asked by the injured party to ask for a return of his/her cell phone; (b) prevented the injured party of his/her cell phone, who was faced with his/her his/her hand, from kneeing his/her cell phone; and (c) assaulted the victim with his/her kneekne by cutting off his/her cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Investigation report (the attachment of a video CD on the ATM CCTV to the new union referred to as the "D church");

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Article 360 (1) of the Criminal Act that prescribes the punishment (the point of embezzlement and the choice of fines) and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) (the point of violence and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier concurrent crimes) shall be imposed;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. The range of punishment by a fine not exceeding 7,500,000 won;

2. The sentencing criteria are not applied to the crime of assault and assault of the scope of the recommended punishment according to the sentencing criteria, and the sentencing criteria are not set for the crime of embezzlement of the deserted articles. 3. The crime of this case, which is decided on the sentencing criteria, is a cell phone where the defendant left the upper part of the victim.