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(영문) 춘천지방법원 속초지원 2006. 10. 19. 선고 2006고단283,2006고단297(병합) 판결
[절도·장물취득·상해][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Oral decoration

Defense Counsel

Attorney Park Jong-soo (National Election for the Defendant)

Text

Defendant 1 shall be punished by imprisonment for one year and by imprisonment for six months, respectively.

The number of days of detention prior to this judgment shall be 62 days included in the above punishment.

The defendant 1 shall be confiscated by a seizured family heading (No. 2).

Criminal facts

1. Defendant 1

A. (1) On April 2006, 2006, the victim non-indicted 1 was cut off the amount equivalent to KRW 700,000 at the market price of 10,000 (70,000 won per 10,000 won per 10,000 won per 10,000 won per 10,000 son-do, Yangyang-gun, Yangyang-gun, Yangyang-gun, Kimyang-gun, the victim et al. cultivated by the victim non-indicted 1 located

(2) on August 16, 2006, at the place described in the preceding paragraph, at around 07:00, and in the same manner as in the preceding paragraph, i.e., the total market value of the 13 brain ginseng owned by the victim was cut off by capital equivalent to KRW 9.10,000;

B. At around 10:00 on May 2, 2006, the Defendant, who had resided in the territory of the victim Non-Indicted 2 (year 71) located in the area of the victim Non-Indicted 2 (year 71) located in Yangyang-gun, Yangyang-gun, Yangyang-gun, left the victim's dry field, she did not help the victim's dry field, let Non-Indicted 3 do his own dry field, let the victim see the victim's claim from the victim, and she took a part of the victim's chest back to the victim's chest, and taken part of the victim's chest part several times, thereby cutting down the 8 w w w w w us at the left side which requires about four weeks of treatment

2. Defendant 2:

At around 08:00 on August 18, 2006, Defendant 1’s home room located in Yanyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun (Seongyang omitted), after gathering Nonindicted 3’s house, and Defendant 1 acquired drinking water after being aware of the fact that Defendant 1’s 6 market value of 4.20,00 won was stolen, as Defendant 1-A(2).

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement made against Nonindicted 1 and 2

1. Police seizure records;

1. Each report on investigation;

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment (the choice of each imprisonment with prison labor);

Defendant 1: Articles 329 (a thief) and 257 (1) (a point of injury) of each Criminal Act

Defendant 2: Article 362(1) of the Criminal Act (a)

1. Aggravation of concurrent crimes (Defendant 1);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Confiscation (Defendant 1);

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The crime of this case committed by the Defendants, who had been under the past suspended sentence for a crime of the same kind, and committed the crime of this case shall be subject to criticism.

Moreover, there is no reason to acknowledge that the damage has been recovered until now, and it is inevitable to sentence the Defendants as sentence.

In determining the sentence, the sentence shall be determined as per the Disposition in consideration of all the factors such as the criminal records of the Defendants, the means and methods of the crime, the degree of damage, the relationship with the victim, and the circumstances after the crime.

Judges Noh Tae-kon

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