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(영문) 수원지방법원 평택지원 2013.03.22 2012고단1530

특수절도

Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 00:30 on November 8, 2012, the Defendant, along with B and C, damaged the locks of agricultural products owned by the victim E in Pyeongtaek-si, and intruded into the above warehouse, and brought about a compressed gold tower at the market price of 22 million won owned by the victim in the above warehouse at KRW 2.6 tons, the market price of 170km at KRW 1,50,000,000,000,000 won in the market price of the above warehouse, and brought about KRW 1.8 tons of the Sari, the price of which is equivalent to KRW 6.5 million in the market price of KRW 4,200,000,000,000 in the ground storage of agricultural products owned by the victim E in Pyeongtaek-si, the market price of which is equivalent to KRW 500 km, KRW 7,500,00,00,00 in the market price of KRW 3.5 million.

As a result, the Defendant, together with B and C, destroyed door units at night and intruded into a structure, stolen the total market price of 53,90,000 won owned by the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police suspect interrogation protocol concerning C and B;

1. Statement to E by the police;

1. Each invoice;

1. Application of each investigation report, on-site photographs, ctv photographic legislation

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] - Larceny [Special Convicted Persons] - Where a person intrudes into places other than a living type, indoor residential space (type 4), and where a person intrudes into places other than an indoor residential space (type 4), - Aggravating factors: Night-damage and destruction of a structure (general person): In cases where substantial damage has been recovered, serious reflector - in cases where two or more persons are combined [decision of the recommended area] - Reduction area, - In cases where two or more persons are combined [decision of the recommended area] - Reduction area, 8 to 1 year and 6 [Pronouncement Decision of Punishment] - 10 months of imprisonment, 2 years of suspended execution - The victim is wanting to take the preference against the defendant; all stolen things have been returned; the defendant is identical.