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(영문) 수원지방법원 안산지원 2013.12.17 2013고단2561
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 201, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) in the Ansan District Court's Ansan Branch on November 18, 201, and the said judgment was confirmed on November 26, 201

【Criminal Facts】

On May 6, 2013, at around 15:24, the Defendant: (a) opened an entrance and intruded into the office keys of the victim’s C’s office located in Silung-si B; (b) opened an entrance with the office keys on which the victim was located in another entrance; and (c) rescinded the contract for construction works at the market price owned by the victim, which is the market price posted in Silung-si.

There have been one copy of a letter of request, written agreement, payment confirmation, electronic tax invoice, and official document.

Accordingly, the defendant intruded into the room possessed by the victim, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. E statements;

1. Copy of the case site photograph, construction contract document, and each investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Articles 329 and 319 (1) of the Criminal Act applicable to the crime;

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 provides that the defendant committed each of the crimes of this case during the suspended execution period due to this previous and the defendant committed each of the crimes of this case, and there are circumstances unfavorable to the defendant, such as the nature and result of each of the crimes of this case, in light of the method and result of each of the crimes of this case, there are no previous charges of imprisonment and sentence, and there was no agreement with the victim, and the defendant has been deeply divided into his mistake, his social relationship is clear, and the detention of the defendant entails excessive difficulty for his dependants, and the motive and circumstances of each of the crimes of this case are the motive and circumstances of each

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