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(영문) 의정부지방법원 2014.04.21 2014고단707
절도등
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

Punishment of the crime

1. On February 22, 2013, around 01:48, the Defendant opened a freezing room installed outside the store for the 'E for the operation of the victim D' in the Dong-si, Gyeonggi-do Government, for which the Defendant stolen food materials in the market price, such as ham, save, etc. owned by the victim and stolen them in advance.

2. On February 23, 2013: (a) around 03:11, the Defendant: (b) did not take a theft of the said EF store due to the circumstances, such as the foregoing paragraph (1) in the said EF store; (c) did not bring about a theft; and (d) took away food materials in the market price, such as ham, save vessel, etc. owned by the said victim; and (d) stolen them by putting them

3. On April 5, 2013, at around 00:20, the Defendant: (a) opened a truck of the above victim parked in front of the above E, and attempted to carry with the victim any stolen objects, but did not carry the intent with the wind that is visible to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (report on the attachment of CCTV images and conversations between the suspect and the victim);

1. Application of the Acts and subordinate statutes to each CCTV photographic data and photographic data at the time of arrest;

1. Relevant provisions of the Criminal Act and Articles 329 (Involving thief and Selection of Imprisonment), 342 and 329 (Involving thief and Selection of Imprisonment) of the Criminal Act concerning criminal facts;

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

1. For the reasons for sentencing under Article 62(1) of the Criminal Act, types 1 (a) and 2 (a) and 3 (a) of the Act on the Suspension of Execution (a decision on a type) for general property: Larceny for the theft of general property: (b) where a person intrudes into a place other than a living-type crime or indoor residential space (a decision on the recommended area) [a decision on the recommended area] Special mitigation [a decision on the recommended area] 1 to 6 months / [a general person] Special Mitigation area / [a decision on the recommendation area] there is no record of criminal punishment [a decision on the suspension of execution] - There is no record of negative damage recovery - There is no record of positive criminal punishment - There is no record of positive criminal punishment - there is no record of positive criminal punishment for general participation: There is no reflect that there is no reflect

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