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(영문) 서울중앙지방법원 2014.10.07 2014고정272
절도
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On October 29, 2013, at around 07:00 on October 29, 2013, the Defendant: (a) committed a theft of one wall containing KRW 300,000,000 in cash in the possession of the Defendant, who was a customer, F, was set up in the “EpC” located on the first floor of the Gangnam-gu Seoul Metropolitan Government D underground.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the PPC-inct CD-related Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement of the Pronouncement [the term "when the conditions of the stay of the sentence are clearly observed" means where the defendant would not be subject to further criminal punishment even if he did not sentence, considering the degree of reflectness, comprehensively taking into account the conditions of sentencing as stipulated in Article 51 of the Criminal Code. On the contrary, the phrase "when the conditions of the stay of the sentence are obvious" is limited to cases where the defendant simply repents the defendant with a depth of the crime, or where the defendant denies the defendant without confession of the criminal facts, the suspension of sentence cannot be made whenever the defendant denies the criminal facts (see, e.g., Supreme Court en banc Decision 2001Do6138, Feb. 20, 200), and there is no doubt as to whether the defendant had his intention to obtain unlawful money on the part of the defendant, apart from whether he had his intention to obtain it.

In reference, the police's opinion that sent the instant case to the prosecution is written.

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