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Reasons
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(영문) 대전지방법원 2016.01.13 2014고단4315 (1)
특수절도미수
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A defendant shall be punished by imprisonment for four months.

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

[2015 Highest 1740] The defendant and C, D, and E drink on May 11, 2015 at the victim G (n, 17 years of age) located in Daejeon-gu, Daejeon-gu on May 11, 2015, on the ground that the victim’s dynamic image that the defendant satisfe with the victim is not able to report the victim’s dynamic image, and the victim’s false satisfing on D, etc., two times the victim’s satisfing part of the victim’s satisfy, two times the victim’s satch, one time the victim’s satisfy, two times the victim’s satfy, two times the victim’s left part at the victim’s hand, two times the victim’s left part at the victim’s hand, two times the victim’s satisfy.

Accordingly, the defendant, C, D, and E assaulted the victim jointly.

[2015 Godan 2229] C, Defendant and Victim H (Woo, 19 years old) are social good and follow-up relationship.

C. On April 22, 2015, the Defendant was playing together with the victim in the middle-gu Daejeon District Office No. 05:00 on Apr. 22, 2015, at around 05:0, the Defendant thought that the victim thought C would spread in the female-friendly Gu of the female-gu of the Republic of Korea that C would talk with another female. However, the Defendant expressed the victim’s face as “Isia and Isia two years in the end of the year, Ishee, Is the victim’s face,” and C sustained approximately three weeks in the face of the victim by drinking.

Accordingly, the defendant and C jointly inflicted an injury on the victim.

Summary of Evidence

[2015 Highest 1740]

1. Legal statements of the defendant C, D, and E;

1. Statement of the police statement to J, G, and K;

1. Each photograph (2015 Height 2229);

1. Legal statement between the defendant and C;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act as to a crime, and Article 260(1) of the Criminal Act (joint assault)

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