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(영문) 전주지방법원 2013.05.27 2012고단835
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

Criminal facts

At around 22:00 on December 21, 201, the Defendant, together with Co-Defendant C, discovered a bank owned by the victim F in E office located in Seojin-gu Seoul Metropolitan Government, and the above C reported the network, and the Defendant, entering the office, carried 308,000 won in cash, and stolen it.

As a result, the defendant stolen the property owned by the victim together with the above C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol against the accused and C;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (such as photographing a wall containing cash of a victim);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2007) (see, 2009Da1248, Apr. 2, 2009)

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act of the suspended execution (as long as the defendant has given birth to an unmarried mother even though the defendant was an adult, and the defendant is able to grow up well while he faithfully, living together with the defendant in a detention house is not desirable for the growth of the infant and it is more appropriate for the defendant to live together with the baby in an appropriate protection facility than in criminal policy) of the Criminal Act.

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