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(영문) 수원지방법원 안산지원 2014.04.17 2014고단480

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 17, 2013, the Defendant: (a) around 01:00 on December 17, 2013, in front of the “D” restaurant operated by the Victim C in Ansan-si, Ansan-si; (b) opened a door by putting the locked part of the locks and then opened a lock by sucking it; and (c) intruded into the restaurant, and carried the 10,000 won of the market price, which is the victim owned by the victim in the kitchen-gu.

Accordingly, the defendant stolen another's property by destroying or damaging the door, the wall, and a part of the structure at night, and by impairing the structure to which people can learn.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 331 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The reflection of the accused, the fact that the accused is the disabled in Grade III of intellectual disability, and other consideration of the circumstances, etc. of the crime in this case);