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(영문) 서울중앙지방법원 2018.04.25 2017고단4489
절도등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a civilian military employee serving in the 8th United States Armed Forces in Korea who is subject to the Korea-U.S. Administrative Agreement (SOFA).

1. A thief: (a) around April 16, 2017, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government, the Defendant: (b) committed theft by the victim E, etc., who drinked alcoholic beverages in the immediately adjacent table table, using the gaps in which he dances at the stage, brought about one week a week equivalent to KRW 5,00,00, the market price of the victim’s possession on the table.

2. Property damage and special injury the Defendant observed the thief (25 years) of the victim F (D) who is an employee of the main point of “D” at the time and place of the above paragraph 1 above, and demanded the Defendant to verify the thief to wear when entering the main points of the Defendant, leaving the Defendant, and leaving the main points of the Defendant. In his own shooting, the Defendant: (a) took away the 800,000 won of the market price used by the victim in his hand from his cell phone 6 mobile phone; (b) continuously took the beer’s disease, which is a dangerous object on the table, and continuously took the beer’s inner part on the table, and (c) took one part on the part of the victim, and (d) took part of the victim’s felf and part on the part of the victim, such as the victim’s flaf, kne and kne, and kne in the part of the victim’s face; and (d) took part of the victim’s 4 months or more.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of F in the interrogation protocol of the suspect against the accused by the prosecution (second time, and the interrogating of the victim);

1. Statement made by the police with respect to F;

1. A medical certificate of injury, medical certificate, and medical treatment plan;

1. A damaged photographic photo or CCTV photograph;

1. Application of the investigation report (related to photographs of the victim F mobile phone of the damaged victim), the investigation report (victim E-mail), and the investigation report (verification of damaged condition) Acts and subordinate statutes;

1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (the intention of Section, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment).

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