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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. A thief: (a) around January 9, 2017, at the 19:13 Busan metropolitan Daegu Airport, the Defendant: (b) cut off the 1st floor tobacco store with 45,000 won of Scarb tobacco, which was displayed therein, in plastic storage managed by the victim E.
2. At around 18:40 on February 1, 2017, 2017, the quasi-Robbery Defendant: (a) at the two-story game room, the Defendant: (b) “Battlelefeld 1” game CD in advance prepared for one and the “Battlefeld 1” game CD in the market price of 49,800 won managed by the Victim E, which was displayed at that place, was discovered out of the victim; and (c) was discovered out of the above victim for the purpose of evading arrest.
The victim's face level was 6 times more than 10 times as a food with flabing the victim's breath, "........."
Accordingly, the defendant committed assault to the victim for the purpose of stealing property and evading arrest.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the investigation by police and the prosecution;
1. Receipts and photographs of damaged articles;
1. Application of CCTV images and photographs-related Acts and subordinate statutes;
1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, and Articles 325 and 333 of the Criminal Act (a quasi-Robbery point) of the choice of punishment;
2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes prescribed for quasi-Robbery crimes with heavy punishment).
3. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).
4. Grounds for the suspended sentence under Article 62 (1) of the Criminal Act (the following grounds for sentencing have been repeated for a favorable reason):
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 18 years;
2. Scope of the recommended sentences according to the sentencing criteria;
A. Basic crime: Quasi-Robbery (a) type 1 (general criteria for robbery) (a person who is subject to special sentencing).