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(영문) 서울중앙지방법원 2013.12.27 2013고단7112
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 August 13, 2013, at around 04:00, the Defendant: (a) opened an entrance at the rate of 7,500 won in the market price owned by the victim C, which was operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City, by shouldering the glass of the entrance and putting his hand into the door; (b) opened the locker with the locker at the rate of 10,00,000 won; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report (verification of sunrise and sunset time);

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to photographs on crime scene;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The decision is made in accordance with the order of the court below on the grounds that the reason for the suspended sentence under Article 62 (1) of the Criminal Act is as follows: (a) the reason for the suspended sentence for one year [the reason for the suspended sentence: (b) the minor damage to the defendant favorable to the situation, (i) the minor damage in light of the value of the stolen goods in this case; (ii) the fact that 500,000 won is paid damages and 50,000 won are not wanting to be punished by the defendant; (iii) the fact that the victim does not want to be punished by the defendant, and (iv) the fact that the execution of the sentence against the defendant who does not have any identical criminal power is suspended on the grounds that the sentence is more than the sentence (the positive reason for the suspended sentence of the sentence against the defendant).

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