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(영문) 수원지방법원 2014.04.25 2014고단497
절도등
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

1. On October 26, 2013, between 00:30 to 01:00, the Defendant discovered that the victim B (here, 48 years old) was locked on the side of the air force emergency runway, which is located in the upstream of the area of Suwon-si, Suwon-si, Suwon-si, with her husband, and that the victim B was locked with her husband while opening a steering door in CA car, while examining the inside of the vehicle, the Defendant considered the victim’s seat between the chief and the driver, and caused the theft of the cash amounting to KRW 50,000,000, which is kept on the top of the steering.

2. A quasi-indecent act by compulsion committed an indecent act by force by force by taking advantage of the victim’s state of difficulty to resist, such as discovering the victim who was divingd on the top of the steering in the vehicle at the above time and at the above place, and singingly singing the victim’s desire to take part in hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to the victim B;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 329 of the Criminal Act, Articles 299 and 298 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 on the suspended execution (Considerations, such as the reflection of the accused, the fact that the accused has agreed with the victim, the accused has no power to commit the same crime, and there is no power other than a single fine);

1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Probation and Order to Suspend Program, the accused becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and exemption from disclosure or notification order.

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