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(영문) 서울북부지방법원 2019.07.24 2019고단1995

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 10:0 on March 12, 2019, at the D convenience points in the operation of the victim C located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant stolen the victim’s property by inserting the victim’s 2 disease of 3,000 won in front of the market price, which was displayed in the cooling room of convenience stores, and then in front of the 3,000 won in front of the market price; and (b) inserting the victim’s property in front of the 8,000 won in front of the market price.

2. On March 12, 2019, the Defendant received a request from the F of the Seoul Eastern Police Station Eabox, who was called out after receiving 112 report on the said theft damage from the said D’s point of view on March 12, 2019, to explain the circumstances of the instant case from G police officers and police officers.

As to this, the Defendant tried to catch the back part of the above G on several occasions, and tried to cross up with the back part of the above G, and sold the above G several times.

Accordingly, the defendant assaulted the above G and interfered with the legitimate execution of duties by police officers related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Photographs and receipt of the damaged goods;

1. Application of Acts and subordinate statutes to investigation reports (to attach CCTVs and video images at convenience points);

1. Relevant Article 329 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and Article 1 of the Act on the Punishment of Probation, Etc.: The scope of final sentence due to the aggravation of punishment for multiple penal offenders who are not subject to punishment, i.e., the basic area (f., obstruction of performance of official duties/performance of official duties) i.e., obstruction of performance of official duties (f., for six months to one year and six months) 2 (the scope of recommending punishment) / [the scope of recommending punishment] mitigated area (4 to 10 months) of punishment for general property.