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(영문) 대전지방법원 2017.02.06 2016고합367
강도상해등
Text

Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

On September 9, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for night intrusion larceny, etc. at the Daejeon District Court on September 9, 2015, and the said judgment became final and conclusive on September 17, 2015. On October 28, 2015, the Defendant was sentenced to two years of suspension of execution for four months of imprisonment with prison labor for night structure intrusion larceny at the Daejeon District Court, and is currently under the grace period.

1. On September 18, 2016, the Defendant assaulted the victim by taking the arms and arms of the victim D (M, 55 years old) who passed a alleyway in front of Daejeon Daejeon-gu, Daejeon on September 18, 2016.

2. obscenity of a public performance;

A. On September 18, 2016, the Defendant 01:05 on September 18, 2016, the Defendant: (a) granted vain noise on the street in the front of “G” in the operation of the F located in Seouk-gu, Seoul; (b) brought about F’s attention; and (c) brought about F’s attention into being vain; and (d) laid

The act of self-defense was publicly obscene.

B. On September 18, 2016, the Defendant left the Defendant’s sexual organ behind the “I Convenience” located in Daejeon Tae-gu Daejeon, Daejeon, Daejeon, as an employee of the said convenience store, and left the Defendant’s sexual organ.

The act of self-defense was publicly obscene.

Summary of Evidence

Sub-paragraph 1 of the Judgment

1. Statement by the defendant in court;

1. Partial statement of the witness D;

1. A CD (videos related to robberys) and an investigation report (Attachment to black stuffs);

1. The facts set forth in paragraph 2 of the Investigation Report (Confirmation of the Status as a Suspect who drives a victim before committing the crime) and the Investigation Report (CCTV investigation (STV investigation of the suspect after committing the crime)

1. Statement by the defendant in court;

1. Each police statement made to the F and J;

1. A detailed statement of the processing of reported cases;

1. A previous record of an investigation report (receiving reports related to obscenity, etc.);

1. Report of investigation (Attachment of Judgment) and application of Acts and subordinate statutes regarding criminal history;

1. Relevant Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of violence, the selection of fines) concerning facts constituting an offense, and Article 245 of the Criminal Act (the point of obscenity and the selection of fines);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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