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(영문) 서울서부지방법원 2018.08.29 2018고합140
절도미수등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for four months

However, the defendant A for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. On October 29, 2017, the Defendant attempted to larceny: (a) around the victim B’s residence in Eunpyeong-gu Seoul Metropolitan Government on October 19, 2017; and (b) during the victim’s movement to the Defendant’s handcil in order to steal the unsurb in the market price at the entrance of the underground stairs at the place, the Defendant did not have the intent to commit the attempted theft, but did not commit the attempted theft.

B. The injured Defendant received a claim from the injured party B (77 years) on the grounds that the injured party would bring goods from the injured party B (77 years) at the above time and place, and received one time a part of the injured party’s injury to the injured party on the ground that the part of the injured party would be bad, and committed an open injury to the injured party in order to prevent the injured party from taking approximately one week medical treatment.

2. Defendant B, at the same time, at the same place as the above 1. Paragraph 1., on the same grounds as the above 1.3, he saw the victim’s eye from drinking times during the dispute with the victim A (85) on the same grounds as the above 1.1.

Summary of Evidence

[Defendant A]

1. Statement made by a witness B in the second public trial record;

1. Statement made by the witness F in the fourth public trial record;

1. Part of the protocol concerning the examination of suspect against the defendant A;

1. B photograph, on-site photograph of the victim (Defendant B);

1. Entry of a witness A's statement in the second public trial protocol;

1. Entry of the witness G in the third public trial records;

1. Statement made by the witness F in the fourth public trial record;

1. A photograph of the victim;

1. Application of Acts and subordinate statutes of subparagraph (A);

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Articles 342 and 329 (the attempted charge of larceny) of the Criminal Act; Article 257(1) of the Criminal Act (the point of injury) and each choice of imprisonment with prison labor

B. Defendant B: Article 258(2) and (1) of the Criminal Act

1. A aggravated criminal defendant: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with severe injury)

1. Defendants on probation: Article 62 of the Criminal Act.

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