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(영문) 광주지방법원 2018.02.08 2017고단3641
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 16, 2017, the Defendant: (a) 00:30 on July 16, 2017, at around 00:30, hereinafter referred to as the “E cafeteria cafeteria operated by the victim D, the first floor of 106, the Gwangju Mine-gu Seoul Metropolitan City, Da-dong, with the key back to the point of subdivision, destroyed by making the knife unfolded so that the knife unfolded so that the knife may be carried out, and then intruded into the mar-type shop, so that the knife may fall into the knife, 3 C, C, C, and C, and 54,500 won of foodstuffs, such as 2 cans, cut away food in the knife, and contained in the knife in the knife knife.

As a result, the Defendant destroyed door at night and stolen property owned by another person (hereinafter referred to as 2017 order 3641). On September 8, 2017, the Defendant: (a) stolen the Defendant, at night, at the front of a G restaurant located in Gwangju Northern-gu, with one bicycle (hereinafter referred to as 7 million won) located in the victim H, located in front of the G restaurant located in Gwangju Northern-gu, (hereinafter referred to as 2017 order 5199). The summary of the evidence is as follows:

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 331 (1) of the Criminal Act (the point of special larceny) and Article 329 of the Criminal Act (the point of intention and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act - The reason for sentencing under Article 62(1) of the Criminal Act - The fact that the Defendant committed a special thief while living in the old age while living is in economic difficulty is not relatively high in the total amount of damage, and the thief was returned - Other environment and family

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