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(영문) 서울중앙지방법원 2018.04.03 2017고정3850
절도등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is subject to the Korea-U.S. Administrative Agreement (SOFA) to the U.S. Armed Forces affiliated with the U.S. 8 military 121 hospital C.

1. On October 8, 2017, around 05:15, the Defendant: (a) entered the victim E (23) in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant abused the victim by breaking the victim’s chest in a “F” list in a small wave located in that location; (b) the victim who observed the crypted the cryp was the Defendant, who was the victim of the cryptive defect.

2. The Defendant: (a) collected 7 mobile phones when galloning the market value of the victim’s justous and damaged at the time and place of the above paragraph (1) above; and (b) cut away from the above gallon and stolen the escape outside of the gallon.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement made by the police for E;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes on cell phone damage photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 329 of the Criminal Act, and the selection of fines, respectively, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the facts constituting a crime of violence against a political party defense or an emergency escape, the defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense or an emergency escape, since the defendant voluntarily left the defendant at the time, but the victim has no choice to restrain it unfairly, and therefore the defendant's act constitutes a legitimate defense or an emergency escape.

However, according to the above evidence, the defendant, at the time of the operation of the victim, without permission and regardless of the custody of the victim, has a string with a string, and the victim temporarily prevented the defendant from leaving the facility in order to receive the above hand back.

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