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(영문) 수원지방법원 성남지원 2014.11.27 2014고단2509
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. From October 16, 2014, around 01:45, the Defendant stolen, before the victim D’s house located in Sungnam-si A, about KRW 500,000, 100, which was parked at the victim’s house, the victim’s e-mail-100,000, which was parked at the same place, led to the theft to approximately KRW 100 meters of the market price.

2. On October 16, 2014, around 02:20 on October 16, 2014, the Defendant attempted to commit larceny, leading the victim G’s H filial master-110 Orala, which was parked at the same place, to a level equivalent to KRW 350,00,00 of the market value of one unit of H enzymaster-10 Orala, which was owned by the victim G. However, the Defendant failed to commit an attempted larceny by a police officer I and J, who was at the same time getting off the mash patrol vehicle and passed through the said place.

3. On October 16, 2014, the Defendant: (a) was arrested as a flagrant offender for the crimes listed in paragraphs (1) and (2) on the way in front of the Sinnam-si, Sungnam-si, and carried out the patrol at the patrol box; (b) the chest of the victim I (34 years of age) who is the chief police officer of the said patrol box, was sent to the patrol box, and was able to avoid disturbance on one occasion; and (c) the Defendant was able to avoid disturbance while carrying it into the patrol box, and the Defendant was able to avoid disturbance at one time, thereby hindering the victim’s right side while interfering with the victim’s legitimate performance of duties concerning criminal investigations, etc.; (d) the victim, who is a police officer, was arrested as a flagrant offender; and (e) carried out the patrol box at the patrol box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. G statements;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to photographs, photographs, site maps, on-site photographs of damaged articles;

1. Article 329 of the relevant Criminal Act, Articles 342 and 329 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 of the suspended execution is as follows.

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