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(영문) 서울북부지방법원 2016.04.12 2016고단305

특수절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant, around 00:00 to 05:00 on August 2, 2011, 201, opened the locks of the restaurant entrance, destroyed and damaged, and draw up in cash in the place where the Defendant 300,000 won, boomed, and gimchi in front of the food “D” operated by the victim C in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu B.

L. A. L. theft was committed.

2. On August 19, 2013, at around 05:20, the Defendant: (a) opened the locks of the main entrance, destroyed and damaged by breaking the locks of the main entrance, and entered the depository in a place where the Defendant was located, using a cut machine prepared in front of “G” main points operated by the Victim F in Seoul, Central-gu E, Seoul; and (b) cut off with approximately 5,00 won in cash, b) kimchi, fchi, paw and galms in cash at the depository located therein

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of C and F;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the following factors: The scope of recommendations according to the sentencing guidelines for larceny offenses on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation; the standards for suspension of execution; the degree of damage of this case is not much weighted; and the defendant is only subject to a fine once for larceny;