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(영문) 수원지방법원 성남지원 2017.04.25 2016고단3632
특수절도등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2016, at around 03:58, the Defendant: (a) was engaged in “C” restaurant located in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-si B; (b) the victim D, a business owner, completed his/her business and was in the vicinity of the said restaurant, so far as it is difficult to reach the entrance door of the said restaurant, damaged the glass of the entrance; and (c) invaded the said restaurant into the said restaurant, and (d) carried out a credit cooperative with KRW 500,000 in cash located in the said restaurant.

2. On August 28, 2016, at around 04:42, the Defendant: (a) was a “F” restaurant located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) the victim G, the main business owner of the business, completed the business, and tried to steal goods by damaging the entrance door so as to make it difficult for the victim G, who was located in the vicinity of the said restaurant, to keep up, and destroying the doors of the said restaurant, and by intrusion into the said restaurant; (c) but (d) the Defendant failed to commit an attempted crime without having any glass of the entrance.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement of D and G;

1. Police seizure records;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 331 (1) (the point of special larceny) of the Criminal Act in relation to the crime, Articles 342 and 331 (1) (the point of attempted special larceny) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the Defendant, where the Defendant intrudes the restaurant entrance glass at the new wall time, and steals or attempted to steals goods. In light of the content of the crime and the method of the crime, etc., the nature and circumstances of the crime are heavy, the Defendant did not receive any tolerance from the victims until the victims, and no particular damage recovery has been achieved.

On the other hand, the defendant reflects the wrong, and the defendant is somewhat somewhat.

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