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(영문) 전주지방법원군산지원 2020.12.01 2020고단1166

특수절도

Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 7, 2020, at around 05:02, the Defendant: (a) 600,000 won in cash owned by the victim’s owner, who was kept in the Kabter’s money receipt and payment machine, was cut off, thereby destroying the entrance by putting the entrance door fast up with a strings and cutting off; and (b) then thefted the entrance by taking the cash of KRW 60,000 owned by the victim.

Summary of Evidence

1. The application of each police's statement E written statement of the suspect interrogation protocol against the defendant as to each police officer's statement to the defendant, the investigation report (in relation to the crime of the other party suspect G), the investigation report (related to the correction of the victim), the investigation report (related to the confirmation and filing of CCTV at the scene of the crime of the suspect), the investigation report (related to the investigation of the stolen cash discovered at the time of the autopsy), and the application of the law on site photo

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of recommendation according to the sentencing guidelines [decision of type] thief [Attachment 4] thief for general property - Where intrusion (special stief] - mitigated element: In cases of intrusion into places other than indoor residential space, no penalty is imposed - In cases of carrying a lethal weapon - intrusion into a place other than an indoor residential space, or intrusion into a structure, such as night-time damage, residential intrusion, or night-time damage, [the scope of recommendation and recommendation] mitigation area, 8 to 16 months [the general person] mitigation area, 8 months through 16 months [the general person] mitigation area, - In cases where considerable damage has been recovered, serious reflectd factors - the previous crime and the previous crime not falling under specific crime Aggravated (less than 10 years after the completion of execution] - Major pride grounds - (including efforts to recover from arbitrary damage or restore damage) - Major grounds for suspended execution or not less than five years at least three years.