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(영문) 대전지방법원 서산지원 2016.05.20 2016고단172
절도등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 5, 2015, the Defendant discovered two peeps of water equivalent to the total market price of 16,000 won, which was owned by the victim D while being kept in custody, from the E-te-line operated by the victim D at Jin-si at Jin-si on December 22:3, 2015, and stolen them by hand.

2. On March 16, 2016, the Defendant, at around 21:45, committed assault against the victim H (42 3) who is a public official in charge of viewing that the Defendant, who is a public official in charge of viewing the G Sports Center in the first floor of the G Sports Center in F, was committing assault against the victim when: (a) the Defendant, who is a public official in charge of viewing the said Sports Center, voluntarily prevented the Defendant from having access to the said sports center; and (b) the Defendant’s request to refrain from having access; and (c) sees the victim’s face with the victim, who took part in a dispute with the victim; and (d) when the victim’s face was fluened with the victim’s left part of the victim, who had the face to avoid this.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a investigative report (the results of checkingCCTV images);

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), and the selection of fines for the crime (the damage to a crime is minor, and the stolen article is returned to the victim, etc.);

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental, physical, or mental loss under the influence of alcohol at the time of committing the theft of this case, and thus, according to the records, the Defendant was aware of drinking at the time of committing the crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s act before and after committing the crime, the Defendant did not have the ability to discern things or make decisions.

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