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(영문) 서울남부지방법원 2014.10.29 2014고단3358
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2014, around 23:23: (a) around 2014, the Defendant: (b) took the c4,000 won, which was contained in the victim C, who was under influence of alcohol at a chair located in the air market No. 34-1, the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone; and (c) took the c4,000 won, who was under influence of alcohol at the victim C.

2. When the Defendant was arrested as a flagrant offender for larceny from the party E belonging to the Gangwon Police Station D District, who was called upon a report at around 23:48 on the same day, and from the police officer F, the Defendant obstructed the police officer’s legitimate execution of duties concerning criminal investigation by asking the above F’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant Article 329 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment) concerning criminal facts;

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

1. According to Article 62(1) of the Criminal Act, each of the crimes of this case is to be sentenced as ordered in consideration of the following factors: (a) the Defendant steals a person under influence of alcohol on the road; (b) obstructed the performance of official duties by asking the arms of a police officer dispatched to the site; (c) the Defendant has a negative condition, such as where there are two times the records of punishment for the larceny; (d) the Defendant acknowledges and reflects his mistake; (e) damage caused by the larceny was recovered at the site; (e) there was no history of punishment heavier than the fine; and (e) there was no history of punishment heavier than that of the Defendant for the same crime; and (e) all of the sentencing conditions, including the Defendant’s age, character and conduct, family environment, etc.

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