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(영문) 제주지방법원 2016.07.07 2016고단735
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2016, the Defendant assaulted the victim by driving away the victim C(49 tax) who was under the influence of alcohol at a university of Hando, Jeju on April 27, 2016, on the street in front of 107, Jung S C’s apartment site 103, and by driving away the victim C(49 tax) who was under the influence of alcohol without any special reason.

2. In order to capture the Defendant’s assault at the same date, time, and place as mentioned in the above paragraph (1), the Defendant thief exceeded the victim’s room to capture the Defendant’s assault and stolen the victim’s possession of 200,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A report on investigation;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The defendant and his defense counsel set off the victim's kniff, was caused by the defendant's knife and skeing of the victim, thereby constituting a part of the act of assaulting the victim, and there was a separate theft act, or there was a criminal intent of larceny against the defendant.

It is difficult to see that larceny is not established.

In this case, the crime of homicide and assault refers to the exercise of force against a person’s body against a person. The Defendant had already committed the crime of assault by breathing breath and body of the victim and scams and scams as a result of the Defendant’s act of assault as part of or as a result of the Defendant’s act of assault, as alleged by the defense counsel, exceeded the victim directly in order to escape the victim, or to capture the Defendant’s act of assault.

Even if the defendant is the victim's owner, the victim's will.

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