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Reasons
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(영문) 대전지방법원 2020.02.14 2019고합408
준강도등
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that he/she has a weak ability to discern things or make decisions due to the on-site illness:

1. On October 10, 2019, at around 09:02, the Defendant: (a) committed an assault on the part of the victim’s clothes at the Defendant’s left part of the body of the body of the victim with a ice cream cooling room installed in front of the “E” shop operated by the victim D (the age of 71) located in the Seo-gu Daejeon, Seo-gu, Daejeon; and (b) a ice cream cooling room installed in front of the “E” shop in front of the victim’s market price of KRW 1,500; and (c) a assault on the part of the victim’s body of the body of the victim at one time to escape arrest.

2. Larceny;

A. On February 25, 2019, around February 25, 2019, the Defendant thefted from “H” operated by the victim G in Seo-gu Daejeon, Seo-gu, Daejeon, with one set of 3,000 won or more at the market price owned by the victim G in front of the Marart display site.

B. On October 15, 2019, around October 15, 2019, the Defendant: (a) committed theft with one chips equivalent to KRW 3,000 in the market price owned by the said victim at the place indicated in the said paragraph (a) around October 15, 2019; and (b) theft with one chips equivalent to KRW 3,00 in the said victim’s market price.

다. 2019. 10. 17.경 절도 피고인은 2019. 10. 17. 08:54경 대전 서구 I에 있는 피해자 J이 일하는 ‘K매장 괴정점’에서 그 앞 진열장에 있는 피해자 소유의 시가 2,000원 상당의 꼬깔콘 1봉지를 가지고 가 절취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, G and J;

1. A report on investigation (recognating the identity of the person);

1. Confirmation of identity of quasi-Robbery incidents;

1. Application of the CCTV image closure photograph, suspect image photograph, each crime scene photograph, and the video CD-related Act and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 335 and 333 of the Criminal Act, and Article 329 of the Criminal Act, which provide for the choice of punishment for a crime (a point of larceny and a choice of imprisonment with prison labor);

1. The defendant under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness suffers from a prolongedly unexplic injury.

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