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(영문) 수원지방법원 2015.01.08 2014고단5581
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 27, 2013, the Defendant was sentenced to a suspended sentence of three years on September 4, 2013 at the Suwon District Court sentenced to imprisonment with prison labor for the crime of attempted fire-prevention of the present building and for one year and six months, and the said judgment became final and conclusive on September 4, 2013, and currently

【Criminal Facts】

On July 22, 2014, from around 03:50 to around 04:20, the Defendant: (a) caused the “E” operated by the victim D (V, 43 years old; and (b) caused cement bricks at the entrance of the said D; (c) opened and intruded the entrance; and (d) cut off KRW 10,000,000,000,000 won, which is the victim’s possession, at a small credit cooperative located therein, of the said small credit cooperative.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. A criminal investigation report (Attachment of a photograph of a pan-driving tool);

1. Previous records: Application of criminal records, investigation reports (applicable to unwritten statements of suspects and judgments attached to suspended execution records);

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment ] the case where a person carrying a lethal weapon (one year and six months to four years), or the case where a person under special jurisdiction carries a dangerous weapon / [the case where a sentence is sentenced], the case where a defendant reflects his mistake, the amount of damage is minor, and the case where a contingency crime is committed, the above recommending punishment according to the sentencing guidelines is deemed to be too large, and the lower limit is set as the order and the sentence is determined as the same.

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