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(영문) 춘천지방법원 2019.07.24 2019고단151

특수절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2019, the Defendant attempted to larceny at night buildings: (a) opened a “D cafeteria” operated by the Victim C (Inn, 47 years of age) located in Chuncheon-si (hereinafter “D cafeteria”); and (b) entered into a cafeteria, which was not corrected, and (c) went away due to the victim’s appearance, who was diving in the cafeteria during the search of stolen goods; and (d) did not bring about a noise (ma, 74 years of age) but did not bring about an attempted crime.

2. Around 03:00 on January 11, 2019, the Defendant: (a) entered a restaurant with the “D” restaurant; (b) opened a corrected main window and opened a window to enter the restaurant; and (c) took cash 70,000 won owned by the victim in the Defendant’s Treasury.

3. On January 22, 2019, the Defendant: (a) around 04:05, the Defendant: (b) opened a “D” restaurant; (c) opened an unrecepted back door; and entered the restaurant; and (d) stolen KRW 10,000 in cash owned by the victim in the Defendant’s treasury.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim C;

1. A criminal report (specific suspect), a criminal investigation report (on-siteCCTV verification), a criminal investigation report (the name of a crime and the date and time specified for a crime), and a criminal investigation report (the frequency of crimes and the confirmation of the amount of damage);

1. Application of statutes on field CCTV analysis photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 and 342 of the Criminal Act which choose punishment, Article 331 (1) of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, Article 330 of the Criminal Act, the choice of imprisonment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the amount of damage is small, the fact that an agreement has been reached with the victim, and the fact that only the amount of fine has been punished);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);