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(영문) 창원지방법원 통영지원 2016.06.16 2016고단371

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. On January 2016, 2016, the Defendant: (a) infringed on the said coffee shop through the toilet window that was not corrected for the “E” of the victim D (54 aged); and (b) stolen the cash amounting to KRW 60,000,000, which was kept in custody in a simplified credit cooperative under the supervision of the Kabter; and (c) stolen the said cash amount.

2. On February 11, 2016, the Defendant came to the above place on February 11, 2016 at around 05:43, and was in possession of the entrance, rubber sticking part by opening the door in the cresh.

One-time rubber fastening with the entrance was carried out, but it was not corrected immediately next to the entrance because the corrective device was not removed, and then intruded into the coffee shop and 80,000 won in cash owned by the victim and stolen it through the window that was kept in a simple credit cooperative under its jurisdiction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. Application of investigation reports (on-site inspection and accompanying photographs of the scene of damage), investigation reports (verification, etc. of CCTVs for crime prevention and suspect moving routes), investigation reports (verification of the scene of damage and attachment of a suspect's reproduction), investigation reports (Attachment of photographs of the suspect's intrusion victim) (Attachment of photographs of the suspect's intrusion victim);

1. Article 330 of the Criminal Act (a thief in case of intrusion on a structure at night) and Article 331 (1) of the Criminal Act concerning facts constituting an offense (a thief in case of special larceny);

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

1. Reduction of volume (see the following favorable sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing criteria [Scope of the recommended punishment] The scope of theft against general property shall be the area subject to special mitigation (4 months to 1 year and 6 months) (special mitigation) (where a person lives together with a crime subject to special mitigation) and intrudes into places other than indoor residential spaces (4 types), the crime not subject to punishment / night damage structures, etc. (4 types);

2. Specific reasons for sentencing are as follows.