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(영문) 대전지방법원 공주지원 2019.09.06 2019고단222

절도등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 08:00 on June 23, 2019, the Defendant: (a) opened a string door, which was not corrected by the drums and strings, around the body of the victim C, located in B, and cut off the cash of KRW 700,000,000, which was owned by the victim, at the wall located in the 201st place.

The Defendant, “2019 Man-Ma248”, is a person who was accommodated from November 22, 2018 to February 23, 2019 in the “Gmotour” operated by the Victim F in Jinju-si E.

At around 1:30 on March 5, 2019, the Defendant: (a) expressed the victim’s desire on the ground that the victim, who was not the Defendant, well-knowns other customers other than the Defendant; (b) expressed the victim’s desire, such as “slocks and vocationals,” in a large interest, and obstructed the victim’s maternity business for about four hours by force, including: (c) preventing the victim from entering the telecom by having the customer who passed the telecom; and (d) preventing the customer from entering the telecom.

Summary of Evidence

"2019 Highest 222"

1. Defendant's legal statement;

1. C’s statement;

1. One black boxes and video CDs "2019Nomen248";

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Act on Report of Arrest of Suspect;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief] thief (Determination of thief) thief [Type 4] Intrusion (Special Mitigation) thief] thief (Special Mitigation] / In case of intrusion into a living environment, indoor residential space, and intrusion into a place other than indoor residential space (the area of recommendation and the scope of recommendation), special mitigation area, and four to one year and six months

(b) Class 2 Crimes (Interference with Business) [Decision of Sentencing] Obstruction of Business Affairs [Type 1] Obstruction of Business Affairs (Special Mitigation)] Prohibition of Punishment (The scope of the recommending area and the recommended range].