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(영문) 수원지방법원 2014.10.01 2014고단4301
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 25, 2014, around 03:30 on July 25, 2014, the Defendant, at the 3rd male water surface room, 'D' located in the wife population C, and at the 3rd male water surface room, the Defendant, at the same time, sought to steals the key of the victim F's right box where he was diving E, and then steals the object by using it.

Accordingly, the Defendant, along with the above E, moved back to the studio in the first floor, and E, opened up the 27 studio as the key, and took up KRW 2,171,000 in total, including KRW 3,171,00 in cash and KRW 2,171,00 in cash, which is the check owned by the victim.

Accordingly, the defendant stolen the victim's property together with E.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da124

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Reasons for discretionary mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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