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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 punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【2012 Gohap602】
1. A quasi-Robbery: (a) around 01:00 on February 13, 2012, the Defendant accessed the victim C (the age of 18) who was mixed on the road front of the Central Park 1177 Central Park Jung-gu, Seocheon-gu, 1177, Jung-gu; (b) and (c) obtained a victim’s gallon S2 smartphone from the victim by using one of the above smartphone in the market value of the victim’s possession by taking advantage of the gaps in which the victim’s surveillance was neglected; and (d) when the Defendant was able to attach the victim, who followed the Defendant during the escape, she ended the victim with a view to evading arrest, and assaulted the victim by taking the victim’s face side part once a drinking.
【2013 Gohap63】
2. On November 8, 2012, around 02:30 on November 8, 2012, the Defendant: (a) committed an act as if the Defendant would pay the amount from “F” operated by the victim E in Bupyeong-gu Incheon Metropolitan City; and (b) ordered alcohol and alcohol and used singing machines.
However, the defendant did not have cash, and there was no intention or ability to pay the price due to the lack of balance of the cash card in his possession.
The Defendant received alcoholic beverages and musical instruments equivalent to the total market value of KRW 664,00,00 from the victim, namely, at the victim’s seat, and did not pay the price, thereby acquiring economic benefits equivalent to the same amount.
Summary of Evidence
[Fact 1]
1. Defendant's legal statement;
1. Statement of reference witness of the prosecution concerning C;
1. Photographs (the fact of No. 2 on the market);
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the receipt statute
1. Relevant provisions of the Criminal Act, Articles 335 and 333 of the Criminal Act, and Article 347 (1) of the Criminal Act (Fraud point and choice of imprisonment with labor);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes of quasi-Robbery heavier than punishment)
1. Article 53 of the Criminal Act for discretionary mitigation.