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(영문) 수원지방법원 2018.01.23 2017고단675
절도등
Text

A defendant shall be punished by imprisonment for six 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

"2017 Highest 675"

1. On December 23, 2016, the Defendant thefted the victim C’s “E” operated by the victim C located in Suwon-si, Suwon-si, Suwon-si on December 15:10, 2016, with approximately KRW 80,000 in cash located in the CCTV set and the calculating stand amounting to KRW 400,00 in the market price of the victim, who was the victim’s possession below the other calculations.

2. On January 1, 2017, the Defendant: (a) around 20:00 on January 1, 2017, entered the victim’s place in front of the said restaurant; and (b) carried approximately KRW 110,000,00 in cash, the victim was in front of the said restaurant.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

On October 18, 2017, the Defendant: (a) confirmed that at G cafeteriaF around 05:05 on October 18, 2017, the victim H, employees, etc. were out of the office; (b) opened the front door with the password that he/she became aware of while working in the said cafeteria as an employee from the above cafeteria, and cut off approximately KRW 1.50,000 in cash owned by the victim in the said cafeteriaF.

Summary of Evidence

"2017 Highest 675"

1. Statement by the defendant in court;

1. Each written statement in I and C;

1. Investigation report (verification of the motive of the crime that the person under investigation denies), investigation report (verification of the time of collapse in the station of Suwon on January 1, 2017) (verification of the time of collapse in the station of Suwon on January 1, 2017), investigation report (verification of concealed CCTV images);

1. A protocol of seizure and a list of seizure;

1. On-site photographs "2017 Highest 7741";

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Investigation report (for suspect A to commit robbery of at night structure intrusiond to suspect A, the reason why the ratio is lowered);

1. Application of Acts and subordinate statutes to photographs of CCTV offenders;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act that provides for the choice of punishment (abundance, choice of imprisonment), and Article 330 of the Criminal Act (abundance of intrusion at night);

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. Article 62(1) of the Criminal Act provides that a suspended sentence shall be given in favor of the reasons for sentencing as follows.

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