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(영문) 서울동부지방법원 2013.08.30 2013고단1682

특수절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

On July 22, 2013, at around 22:00, the Defendant opened a toilet screen and window in front of the office of E Co., Ltd. operated by the victim D in Seongdong-gu Seoul, Seongdong-gu, Seoul, and intruded into the office, and discovered a bag containing KRW 100,600 of cash owned by the victim who had been living in the west on his book, and then stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs (fields, seized articles, etc.);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation under Article 62-2 of the Criminal Act;

1. A punishment as ordered shall be determined, in consideration of the following: (a) the confession of a crime with the reason for sentencing under Article 48(1)1 of the Criminal Act; (b) the arrest at the site and the injury therefrom was temporarily returned to the victim; (c) the place of the crime was not a residential space; (d) the risk of the act is relatively less than the risk of the act because the place of the crime was not a residential space; (e) the punishment shall be determined