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(영문) 서울동부지방법원 2013.09.09 2013고단1373
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2012, from around 03:00 to 04:00 on the same day, the Defendant entered the victim C in Songpa-gu Seoul Metropolitan City as D residing in the small bank, and took stolen objects as D, and 1.2 million won in cash, which is the victim’s possession, and 600,000 won in the market price, and 20,000 won in cash, which is equivalent to 40,000 won in the market price, and 10,000 won in the market price.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of each investigation report (specific suspect) statute;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act of probation and community service order are as follows: (a) Defendant has no other criminal records other than juvenile protective disposition taken two times for the same kind of offense; (b) Defendant repents his/her mistake; and (c) other circumstances constituting the conditions for sentencing indicated in the records, such as Defendant’s age, character and conduct, environment, family relationship, occupation, etc.

It is so decided as per Disposition for the above reasons.

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