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 three years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2020. 4. 14. 13:22경 서울 강동구 B에 있는 ‘C’ 매장의 아이스크림 진열대에서, 시가 합계 3,500원 상당의 아이스크림 4개를 몰래 주머니에 넣고 계산을 하지 않은 채 그대로 밖으로 나가 도주하다가, 이를 다른 손님으로부터 듣고 뒤쫓아 온 그 곳 종업원인 피해자 D(여, 50세)에게 붙잡힌 다음 위 매장 쪽으로 다시 걸어가게 되자, 피해자로부터 도망치기 위해 주먹으로 피해자의 얼굴을 약 10회 때리고, 넘어진 피해자의 배 부위를 발로 수 회 걷어찼다.

Accordingly, the Defendant abused the victim for the purpose of evading arrest after theft of the property.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement by the police on D (verification of CCTV reproduction if a crime is committed) and application of Acts and subordinate statutes to report internal investigation ( analysis of CCTV images at the scene of occurrence);

1. Articles 335 and 333 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types) [Type 1] general standards] mitigation factors of robbery (special sponsor): simple assault and intimidation (the scope of recommending areas and recommendations) mitigation areas, one year and six months through three years of imprisonment for the purpose of evading arrest;

3. Determination of sentence: The sentence shall be determined in the same manner as the order, comprehensively taking into account various factors of sentencing as shown in the arguments in this case, such as imprisonment with prison labor for a year and six months, the probation of three years, and the age, character, conduct and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime.

The defendant who committed a theft of property at a miscellaneous point and escaped, and was found to have it, was arrested to the victim.