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(영문) 인천지방법원 2018.03.14 2017고단6525
절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. A thief: (a) around June 6, 2017, around 07:25, the Defendant stolen the victim E’s market price owned by the victim, which was located in the vicinity of the “D Mart” located in the Nam-gu Incheon Metropolitan City, by means of any cresh in the vicinity thereof; and (b) caused the theft of the victim’s market price equivalent to KRW 25,000.

2. Injury;

A. On June 24, 2017, at around 20:0, the Defendant: (a) around 20:0, at the Southern-gu Incheon Southern-ro, 95-19, the “inland of the State”, the Defendant held the victim’s face while drinking together with the victim F (35 years of age) on the ground that the victim was Gunn without her negligence; and (b) held the victim’s face on the part of drinking, the Defendant held the victim’s unclaimed surgery on the number of days of treatment.

B. On August 11, 2017, at around 06:00, the Defendant, while drinking alcohol with the victim H (42 tax) on August 11, 2017, around 303, in the Nam-gu Incheon Nam-gu G Operation 303, the Defendant, while walking the face of the victim, was under the influence of the victim, and was under the influence of the victim’s face on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written E (No. 2 of the evidence list) and a victim’s statement of H;

1. A report on internal investigation (No. 14 of the evidence list);

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

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (abstinence, a choice of imprisonment), and Article 257 (1) of the Criminal Act (abstinence, and a choice of imprisonment);

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment and punishment for concurrent crimes against H, the heavier punishment and punishment for concurrent crimes);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes 1 (Scope of Recommendation) in the sentencing guidelines / [Scope of thief] Crimes 2 in the area of general mitigation [The scope of recommendation] in the area of general mitigation [the range of punishment / [the scope of general injury] in the area of mitigation (2 months to 1 year] in the area of mitigation (1 year to 4 years] in the area of general injury [the scope of recommendation] in the area of special mitigation (1 to 4 years] in the area of special mitigation (1 to 1 year), / [the scope of recommendation] in the area of special mitigation (1 to 1 year), / [the scope of punishment] in the area of special mitigation (1 to 1 year), / [the person of special mitigation] in the area of special mitigation (1 to 1 year] (1 to 4 kinds of injury (the person of special mitigation).

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