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(영문) 춘천지방법원 원주지원 2019.01.09 2018고단1129

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On March 18, 2015, the Defendant was sentenced to eight months of imprisonment for larceny, etc. in the original branch of the Chuncheon District Court on March 18, 2015, and completed the execution of the sentence in the Chuncheon Prison on September 26, 2015.

【Criminal Facts】

On September 1, 2018, the Defendant: (a) around 05:35 on September 1, 2018, in front of the “D convenience store operated by the Victim C, which is located in the Won-si,” the Defendant destroyed the lock door by scambing it by hand, and invaded the lock door, and carried out tobacco equivalent to KRW 211,50,00 at the market price, which was owned by the victim in the show stand in the store.

Accordingly, the Defendant, at night, stolen the property of the victim by damaging the door and other structures and by impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Photographs, records of seizure, photographs related to seized articles, reports on investigation and application of criminal records-related Acts and subordinate statutes;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the reason for sentencing, etc. under consideration in favor of the defendant) is divided in depth into the defendant, and there are circumstances favorable to the defendant, such as that 20 cigarettes were returned to the victim, and the degree of damage to the victim was not relatively large. However, the defendant committed the crime in this case when he committed the crime in this case within the period of repeated crime due to the previous and previous circumstances. The crime in this case was committed in light of the method and consequence, and the nature and circumstances of the crime in this case, and even after the lapse of a certain period after the crime, no agreement has been reached with the victim. Other circumstances such as the motive and circumstance of the crime in this case, the circumstances after the crime, the defendant's age, occupation, family relations, health conditions, etc. are taken into consideration.