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(영문) 창원지방법원 통영지원 2017.01.26 2016고단842
절도
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

From February 6, 2016, the Defendant, 2016, 2016, 200,000 won in cash owned by the victim E, credit card Chapter 7, resident registration certificate, and driver's license, was stolen by finding out and taking it as it is, at around February 6, 2016, 3:00 won in cash owned by the victim E, 20,000 won in cash, credit card Chapter 7, resident registration certificate, and 3:50,000 won in market value with a driver's license.

around 22:45 on August 21, 2016, the Defendant: (a) ordered the victim H ( South, 35 years of age) to take an alcohol at the G main store located in Gyeongsung-gun F on August 21, 2016; and (b) took the victim’s head during the victim’s and in the time of vision, she took the victim’s head, taken the victim’s head, taken the victim’s head into the out stairs outside the main point, taken the victim’s face three times, taken the victim’s face into the floor, and taken one-time head with the left head, and she gets her body with the victim’s body, taken the victim’s face with kne in the left kne, and her part, the victim’s part, and the part and the part of the part of the victim’s body, which require approximately three weeks of treatment.

Summary of Evidence

"2016 Highest 842"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Police seizure records and list of seizure;

1. Each investigation report "2016 Highest 1940";

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. 112 Declarations of reported case processing, and medical certificate of injury;

1. Application of Acts and subordinate statutes to a investigative report (fixtures of assault damage), a investigative report (fixtures ofCCTV image analysis and to cover CDs);

1. Relevant Article 329 of the Criminal Act, Articles 257 (1) and 257 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

(a) Category 1 (Assaults) (Extent of recommendations) general injury.

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