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(영문) 인천지방법원 2017.02.07 2016고단6799

특수폭행등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A, at around 03:40 on March 4, 2016, Defendant A used the victim’s right-hand knee of the building site on the ground that the victim F (F, 52 years of age) of the site was a dangerous object that he/she was a customer at the seat of “E located in Seo-gu Incheon, Seo-gu, Incheon.” (Defendant A) committed assault against the victim on the ground that he/she was a dangerous object that he/she was a customer.

At around November 29, 2016, the Defendants: “I” main point operated by the Victim H, located in Bupyeong-gu Incheon Metropolitan Government G apartment No. 101 on November 21, 2016; “The victim discovered three mobile phones in the gallon-type gallon-type 800,00 won at the victim’s market price set on the table No. 1 of the above main point; Defendant B reported the network of gallon-type gallon-type 80,000 won at the victim’s market price set on the table No. 1 of the above main point; Defendant B used the above mobile phone and stolen Defendant B with the main point out of the main point.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

[2016 Highest 6799] [Defendant A]

1. Defendant A’s legal statement

1. A written statement;

1. A criminal investigation report (to hear statements of victims and witnesses), and report on internal investigation (to make telephone conversations between the owner of the business in the place of occurrence and the owner of the business);

1. Attachment photographs [2016 Heights 8373] (Defendant A and B];

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Written statements and receipts;

1. A criminal investigation report (to attach a report by cutting off the CCTV images and the suspect's crime scene);

1. CCTV video CDs;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 261, 260(1) (a) of the Criminal Act, and Article 331(2) and 331(1) (a) of the Criminal Act;

B. Defendant B: Article 331(2) and (1) of the Criminal Act (the occupation of special larceny)

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the nature of the crime is not good in light of the reasons for sentencing in Article 62-2 of the Criminal Act, and that there is no agreement with the victims.