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(영문) 수원지방법원 2014.03.28 2013고단4311

특수절도등

Text

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

Reasons

Criminal facts

[2013 Height4311]

1. Around 22:00 on April 5, 2013, the Defendant: (a) contacted F, the key business operator in front of the E- clothing shop in Suwon-gu, Suwon-si, with the Defendant, as if he was the owner of the said clothing shop; (b) caused the Defendant to damage the correction device of the entrance of the said store; and (c) invaded into the entrance, and stolen the said equipment with one set of Nowon-gu, one bank, one bank, one 10,10, one clock, and two glars, one 20,000 won in total at the market price of the victim’s own inside, and two glars.

2. At around 09:11 on May 24, 2013, the Defendant: (a) laid down one cell phone of the five mobile phones owned by the victim I, which was located on the said PC PC at Osan City G and the first floor H PC; and (b) stolen it with one cell phone of KRW 9.20,000 at the market price of the said PC PC.

[2013Kadan4738] On August 2, 2013, from around 08:30 to around 09:30, the Defendant: (a) laid off one set of Nowon-gu, the victim’s market price of KRW 1,400,000, which was the victim’s possession, in the middle atmosphere room of the second underground floor in the Osan-siJ from around 08:30 to around 09:30; and (b) cut off by inserting one set of the Nowon-gu, the victim’s seat in the office.

Summary of Evidence

[2013 Height4311]

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. Written statements prepared in D;

1. Each photographic image [2013 Highest 4738];

1. Defendant's legal statement;

1. Police suspect interrogation protocol of M;

1. A written statements on the preparation of L;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning criminal facts, Articles 331 (1) and 330 of the Criminal Act that choose a punishment, and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter “the reason for sentencing”), the fact that the defendant suffers from mental illness such as shock disorder, and that part of damage has been recovered.