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(영문) 의정부지방법원 2014.03.21 2014고단211
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 December 19, 2013, the Defendant: (a) around 01:40 on December 19, 2013, at the 01:40, at the “E” restaurant operated by the victim D, the Defendant: (b) set the down air of the down door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to know the market price owned by the victim; and (c) cut off the door.

Summary of Evidence

1. Police suspect interrogation protocol concerning F of the defendant's statement in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to copies of sales certificates;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Determination of Punishment] - Larceny [Special Convicts] - Where a person intrudes into a place other than an indoor residential space of a living-type crime to be mitigated (type 4) - Where a person carries a lethal weapon, or where a person carries a dangerous weapon, or where a person makes a decision on the area of mitigation [the scope of recommendation] [the scope of recommendation] 8 to 16 months [the scope of recommendation] - Where a person is recovered from considerable damage [the scope of suspension of execution] - Where a person carries a dangerous weapon, or where a person carries a dangerous weapon, or where a person suffers from tuberculosis in order to prevent recidivism at least two times: A positive life type - A person who has been sentenced to suspension of execution at least twice, but has a very positive reflectment in the health of the defendant [the fact that most damaged things are returned to the victim], and that a person suffers from tuberculosis as a result of intensive treatment at present.

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