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(영문) 수원지방법원 성남지원 2013.08.30 2013고단962
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

At around 01:05 on September 13, 2012, the Defendant found the victim F and G in front of the E restaurant located in Seongbuk-gu, Sungnam-gu, Sungnam-si, and found the victim F and G. The Defendant, in combination with C, had one gallon of S2 mobile phone in the victim F., and C, with one gallon of 30,000 won in cash owned by the victim F., 30,000 won in cash, 2 credit card, and security card, 50,000 won in the market value of the victim, 50,000 won in cash owned by the victim G, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 600,000 won in the national bank credit card, driver’s license, resident registration certificate, and 1,000,000 won in the market value of the security card.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of C, F, and G;

1. Application of Acts and subordinate statutes to investigation reports (as regards the attachment of CCTV videos and photographs);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has committed a crime, committed a single offense, and the punishment is determined as ordered in consideration of the fact that the defendant is the first offender who has no previous criminal record.

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