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(영문) 대구지방법원 2014.04.17 2014고단1287

특수절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On March 9, 2007, at around 03:24, the Defendant: (a) cut off the entrance door locker at “Y”, a precious metal sales store operated by the Victim X (57 years of age) located in Daegu Northern-gu, Daegu Northern-gu; (b) cut off the entrance door door door door door door door door door door door, a lethal weapon, and intruded into “Y”, and loaded 74,885,100 won of precious metal market value at KRW 276, which is contained in the display stand, and 74,885,100, in advance.

As a result, the defendant stolen the victim's property while carrying a deadly weapon together with the above person who was in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of X;

1. Records of seizure and the list of seizure;

1. Application of seized articles, photographs, field photographs and Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

1. Reasons for sentencing under Article 48 (1) 2 of the Criminal Act;

1. thief: thief: The scope of sentence recommended by the sentencing guidelines (determination of type): thief; 4 (Special dufluor) mitigated element for general property: Where a person intrudes into any place other than indoor residential space: Where a person carries a deadly weapon, his/her personal damage is considerably serious, and his/her damage is not recovered (the scope of the sentence of recommendation); 1 and 6 months-4 years;

2. Although there are favorable circumstances for the defendant such as the fact that the defendant's decision on the sentence of punishment is divided and reflected, and that the defendant has agreed with the victim, if the defendant jointly carried with a deadly weapon and intrudes into the precious metal sales store at night and steals the precious metal, the social risk of the theft is very high, and the damage amount is higher than 74 million won, which are disadvantageous to the defendant.

In such circumstances, the Defendant’s age, character and behavior, career, and environment, etc. as shown in the instant argument, shall be determined as ordered in full view of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances.