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(영문) 서울중앙지방법원 2015.06.12 2015고단1722
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

On January 18, 2015, at around 00:24, the Defendant met the victim E (the age of 45) in the “D” entertainment bar located in Jongno-gu Seoul Metropolitan Government Jongno-gu.

The defendant, while he was living together with the victim, went away with 80,000 won, and the victim was thought to have suffered a big damage to himself and his family members, the victim was living together with the pet, and the victim was living together with the pet, and the victim was living together with the kitchen (20,000 won in length, 21,000 won in length) at the package of the victim's non-owned body outside the above danran bar, and she was living with the kitchen, which is a dangerous weapon in the market price.

The Defendant, in front of the foregoing drinking house, opened a string vehicle, opened a door of a vehicle with the victim's string, sound the victim's string with the victim's string, with the victim's string, and drawn the string, and the victim did not get off from the vehicle. As above, the kitchen string, which was stolen, was displayed once toward the part of the victim's worship.

Accordingly, the Defendant stolen a knife as above, and assaulted the victim by using a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning E and F;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 42, 55 pages);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act that selects a punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. Crimes No. 1 (component Punishment) of the Reasons for the Sentencing of Article 333(1) of the Refund Criminal Procedure Act are crimes of violence (component Punishment) (Scope of Recommendation), Type 6 (Habitual Offense, Habitual Offense, Special Violence). No basic area (6 months to 10 months) (special person) is thief (thief).

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