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(영문) 울산지방법원 2013.10.24 2013고단3013
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 31, 2013, the Defendant: (a) around 00:30 on January 31, 2013, at KRW 00:30,00,00 in Dongdaemun-gu Seoul Metropolitan Government, 134, 200, 17, 2000 won in cash, and 4,348,000, 200 won in cash, as stated in the attached Form No. 134, 200, 200, 200 won in front of the middle mobile phone store for the victim’s D operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs and CCTV extractions;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the agreed point with the victim and the point against which it is reflected);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. It is so decided as per Disposition on the grounds that probation and community service order Article 62-2 of the Criminal Act (it is reasonable to impose a certain period of community service in order for the defendant to return to a sound member of society considering the fact that the defendant has the same record as the defendant, and the method of crime in this case

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