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(영문) 서울중앙지방법원 2018.10.04 2018고단4219
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 7, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Central District Court on September 7, 2017, and completed the execution of the sentence at the Seoul Detention Center on March 27, 2018.

1. A thief: (a) around June 26, 2018, at the D convenience store operated by the victim C in Gangnam-gu Seoul, Seoul on June 26, 2018, the Defendant: (b) took advantage of the gaps in employees E’s surveillance, and stolen one knife equivalent to KRW 600 of the market price in the said convenience store.

2. On June 26, 2018, around 02:50 around 02:50, the Defendant suffered from the victim F (2* 3) in front of the convenience store as indicated in paragraph 1, on the ground that the victim F (2* 3) and his/her conduct took a bath to G after taking the Defendant’s work, he/she is punished for a limited amount of time on the ground that the Defendant took a bath to G, which is a dangerous object (15cm in width, 15cm in length, 1cm in length) as described in paragraph 1, and putting the victim’s left-hand off part of the victim’s treatment base at one time, and put about approximately 6c meters in the number of days to be treated on the left-hand part of the victim’s treatment base.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of witnesses;

1. Seizure records;

1. An investigation report (Attachment of a photograph by cutting CCTV at convenience stores);

1. A criminal investigation report (a copy of medical records attached);

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (criminal history, etc.);

1. Articles 258-2 (1), 257 (1), and 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include: although there are favorable circumstances in which the victims expressed their intent not to punish the defendant; however, the victims are repeated crimes of the same kind, the same and different types of power; and the fact that the form of the act is dangerous due to danger, etc., the punishment as ordered shall be determined in light of all the circumstances.

It is so decided as per Disposition for the above reasons.

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