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(영문) 서울동부지방법원 2013.06.21 2013고단1000

절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 26, 2013, the Defendant: (a) around 07:50, at the point of “C” located in Geumdong-dong 2, Seongdong-gu, Seoul, 223-1 New Geumdong 2, the Defendant: (b) expressed, without any reason under the influence of alcohol, the victim D, an employee, expressed that “I reported to 112 weather, she died of her openings”; (c) laid her bread on the floor; (d) laid down her bread on the floor; and (e) her enter the customers who had entered the above tasks by cutting off the display site glass; and (e) obstructed the victim’s tasks by force for about 10 minutes.

2. The Defendant destroyed the display glass (80cc x 60cc m) equivalent to KRW 250,000 at the above time and place at the above time and place.

3. At around 12:15 on the same day, the Defendant, at the convenience store located in Seongdong-gu, Seongdong-gu, Seoul, 246 king-dong, and at the “E” convenience store located in 1,500 won of the market price of over-the-counter display team, stolen the Defendant, with one box “Sweltom Hadro, Madro.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D, F and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314(1) of the Criminal Act, Articles 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service criminal law: (a) the victim D, who is an employee, expressed his/her intent not to punish him/her; (b) his/her property damage has not been recovered; (c) the motive and background leading up to his/her crime committed; (d) the motive and background leading up to his/her crime committed; (e) the motive and background leading up to his/her crime committed; and (e) it appears that the treatment of drinking and drugs is somewhat necessary; and (e) other circumstances, such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Committee.