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(영문) 서울중앙지방법원 2018.08.29 2018고합746
절도등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. A thief around May 2018, the Defendant stolen a theft by inserting the victim C’s display for sale within the Estropos located in Dongjak-gu Seoul Metropolitan Government D, in a way of inserting the kitchen knife at the market price of KRW 4,00,00.

2. The Defendant, while living in a sleep, has taken advantage of a stolen knife with the knife that requires alcohol, etc., in order to forcibly take the alcohol, slife, etc.

On June 3, 2018, at the convenience store in Dongjak-gu managed by the Victim F (FF, 38 years of age) on June 3, 2018, the Defendant laid down an amount equivalent to 33,500 won of the market price, such as e.g. 2 Sl2 C, 4 meat, and tobacco 2 A, on the string unit, and demanded the victim to put the goods in the string.

When the damaged person puts the above things in an envelope and pays the value of the things, the defendant gets together the kitchen knife (28.2 cm in length, 16.7 cm in length) which is a dangerous thing that has been put in an inner machine, and 16.7 cm in length.

In addition, the cash that he/she has also included in the plastic bag, "D", and threatened the victim.

The defendant, who was frightened by the above intimidation, 60,000 won in cash in the above envelope, brought the envelope out of the convenience store.

Accordingly, the defendant forcibly abused the victim's 33,500 won of the market price and 60,000 won of cash from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Each protocol of seizure (voluntary submission), each list of seized articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to internal investigation reports (CCTV investigation related to the theft of knife used by the person under investigation);

1. Relevant Article 329 of the Criminal Act and Articles 329 of the choice of punishment for the crime (abstinence, a choice of imprisonment), Article 334 (2) and (1), and 333 of the Criminal Act (abstinence, a point of special robbery, and a choice of imprisonment for abandonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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