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(영문) 대구지방법원 2013.11.15 2013고합442
준강도등
Text

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

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

1. Larceny;

A. On July 18, 2013, at around 14:45, the Defendant: (a) removed a packing site, 2 disease in which the market price was 115,000 won, which was located in the display site, by taking advantage of the gaps in surveillance of E, the head of the store security team, within the D-1st floor health food store in Daegu Suwon-gu, the Defendant stolen it by inserting it into the main machine, and inserting it into the main machine.

B. On July 19, 2013, around 15:06, the Defendant: (a) carried two diseases from Acuabank, which is a health food equivalent to the market price of KRW 126,000, at the above place; and (b) stolen them.

2. At around 16:05 on July 20, 2013, at the same place as indicated in the foregoing paragraph 1., the Defendant: (a) carried out a cuba Bank 2 disease which is a health food equivalent to the market price of 126,000 won; and (b) carried out a cuba 12,900 won of the market value to the victim E (34 years of age) who is the head of the store security team; (c) sent off the face and body of E to drinking and selling blus; (d) sent back the bridge of the Victim F (20 years of age) who is the security team employee; and (e) assaulted the victims who are quiba 2 years of age, who are the victim G (2 years of age), who are the security team.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Three copies of each receipt of the damaged article; and

1. Records of seizure and the list of seizure;

1. One copy of the victim's body photograph, and one copy of the damaged photograph, respectively, shall be applicable to the victim's body photograph;

1. Relevant provisions of the Criminal Act and Articles 329 (Involving thief and Selection of Imprisonment), 335, 333, and 329 (In all cases, including quasi-Robbery) of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than the punishment shall be aggravated within the scope of the sum of the long-term punishments of each of the crimes above) among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One year and six months to twenty-one years of imprisonment with prison labor for a prison labor within the scope of applicable sentences under law;

2. The sentencing criteria shall be based on; and

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