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The sentence of sentence against the defendant shall be suspended.
Of the facts charged of this case, the charge of assault is dismissed.
Reasons
Punishment of the crime
On October 30, 2017, the Defendant: (a) 15:25 on October 30, 2017, entered the D convenience store in Jinju-si, as a customer, and was in custody in the display stand for the purpose of eating, and stolen 2,00 won of the market price owned by the victim E (V, 51 years old).
Summary of Evidence
1. Statement made by the police for E;
1. Application of CCTV Acts and subordinate statutes;
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;
1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);
1. The part dismissing the prosecution under Article 59(1) of the Criminal Act (the suspension of sentence: fine of 300,000 won, the defendant suffering from the cognitive disability of the middle-aged Do under the old age of 79, and the victim does not want the punishment);
1. On October 30, 2017, the Defendant: (a) committed assault, such as assaulting a woman’s shoulder boom with both hands, on the ground that: (b) the Victim E (V), intending to cut up two cir Kim (51 years of age) at the D convenience store located in Jinju-si, Jin-si; and (c) 15:25 years of age; and (d) the Defendant got out of his body.
2. Determination
(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;
B. On September 20, 2017, after institution of the instant public prosecution, the Defendant was not subject to punishment.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;