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(영문) 대전지방법원 2019.10.17 2019고합231
강도등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on April 14, 2010, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Daejeon District Court on April 14, 2010. On June 11, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (decision to dismiss the request for retrial on June 15, 201

On June 8, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for general goods and fire prevention in the Daejeon District Court on March 15, 2019 and completed the execution of the said sentence in the Daejeon Correctional Institution.

【Criminal Facts】

1. On July 21, 2019, the Defendant, in violation of the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft by taking the victim D’s cell phone in a soup room of “C” located in Daejeon Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, one of the LG X5 mobile phones equivalent to KRW 500,000 at the market price owned by another victim.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

2. Around 22:50 on July 21, 2019, the Defendant: (a) discovered the victim F of the victim who was walking at the Jung-gu, Daejeon; (b) attempted to take the victim’s cell phone in his/her hand to get off his/her cell phone used by the victim; (c) but the victim tried to get off his/her cell phone used by him/her from his/her hand without setting a cell phone from his/her hand; and (d) continued to put the victim’s cell phone in his/her hand by cutting off his/her cell phone at one time; and (e) took off the victim’s cell phone 1,200,000 won at the market price.

Accordingly, the defendant is a victim's assault.

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