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(영문) 인천지방법원 부천지원 2017.01.26 2016고단3173

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 17, 2016, the Defendant came to a “F” restaurant operated by the victim E in Kimpo-si, Kimpo-si, Kimpo-si on November 17, 2016, and entered the restaurant after opening a cateral net covering the front window of the said restaurant, taking the 90,000 won in cash during the payment period for gold transfer on the front line.

They have come to her.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the results of field identification and a gene appraisal report;

1. Investigative reports (to hear statements from victims);

1. Application of each statute on photographs;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (amended by Act No. 55(1)3) of the Act on the Mitigation of Small Quantity (amended by Act No. 4) in the area of special mitigation (amended by Act No. 4 in April to January 1), where the defendant intrudes into a place other than an indoor residential space (special mitigation person) / [amended by Act No. 1443, Jan. 27, 2016] / The defendant is not subject to punishment [amended by Act No. 1050, Jan. 27, 2016], who was sentenced to a suspended sentence for ten (10) years due to habitual special larceny and was sentenced to a suspended sentence, but is not well-founded to commit the crime of this case, which steals KRW 90,00 in cash into a restaurant, considering the fact that the defendant commits the crime of this case against his/her own mistake, that the victim and the victim did not have agreed, and that the sentence should be additionally determined by taking account of the invalidation of the sentence.