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(영문) 수원지방법원 2015.06.25 2015고단789
특수절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2014, the Defendant entered the second floor warehouse with the second floor with the second floor of F-point operated by the victim E located in Pyeongtaek-si, and entered the second floor with the second floor with the prohibition of entry by the outside person, with the victim's access, at around 21:50 on October 11, 2014, the Defendant carried out one disease of the two weeks with the market price equivalent to KRW 120,000,000 in the market price of the victim's possession.

As a result, the defendant stolen the victim's property jointly with the person who was not the victim of his name.

Summary of Evidence

1. Each legal statement of witness E and G;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs for the control of parking and stopping;

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

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

1. The execution of imprisonment shall be suspended in consideration of the reasons for sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] 3 types of larceny in general property (one year from six months of imprisonment to one year), the mitigation area (special mitigation person] [decision of sentence] the victim does not want the punishment against the defendant, all stolens are recovered, and there are no domestic criminal records.

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