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(영문) 인천지방법원 2018.03.28 2017고단8446
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 14, 2017, from around 20:30 to around 21:20, the Defendant, in front of the Nam-gu Incheon Metropolitan City Juvenile Training Center, 23, Nam-gu, Incheon Metropolitan City, the Defendant: (a) taken a enormous amount of money (126 cm in total); (b) took a reduction in the number of hand trees owned by the Nam-gu Incheon Metropolitan City Office of Incheon Metropolitan City; and (c) B took a 12 reduction in the market value of the victim’s ownership by inserting it into a plastic paper with a reduction of money from the Defendant under the bottom of the trees and inserting it into a plastic paper.

Accordingly, the defendant stolen the victim's property together with B.

2. A special intimidation: (a) around 21:20 on October 14, 2017, the Defendant: (b) taken the victim C (n, 41 years of age) from a place in the same manner as indicated in the foregoing paragraph 1; (c) taken the victim C (n, 41 years of age) into the victim’s possession of the dead-si blade, which is a dangerous object; (d) taken the victim’s 40cm in total length, 24cm in length on the day; and (e) taken the victim’s sponed

The victim threatened the victim by stating that the knife is knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect B of the police;

1. C’s statement;

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

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant legal provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (the occupation of special larceny) concerning criminal facts, and Articles 284 and 283(1) (the occupation of special intimidation and the choice of imprisonment with prison labor) of the Criminal Act;

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 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a case where the defendant stealss the reduction of trees owned by the Nam-gu Incheon Metropolitan City office jointly with his/her female living together, and the victim C who restrains it by intimidation, and its nature is not good, and the defendant is at the Incheon District Court on July 15, 201.

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