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(영문) 전주지방법원 2020.04.29 2019고단755

특수절도등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Larceny and intrusion upon a structure;

A. On August 24, 2018, the Defendant: (a) around 06:00 on August 24, 2018, at the end of 06:0, the Defendant: (b) opened an unrecepting machine; (c) intruded into the said restaurant; and (d) went into the said restaurant; and (c) went into the said restaurant, and (d) held two jus diseases equivalent to KRW 3,500,000 in the amount of cash owned by the victim D.

B. On March 5, 2019, the Defendant committed the crime on March 5, 2019, around 07:07, around 07:07, in the above “C” restaurant, the Defendant invaded into the above restaurant by the above method, and went to the smallest four diseases equivalent to KRW 7,000 in the market value of the victim D owned in that place.

2. On February 5, 2019, the Defendant: (a) went into the restaurant “C” above around 02:00 on February 5, 2019; (b) went into the said restaurant by the said method; (c) and (d) went out with the victim D having 20 disease in the market price equivalent to KRW 35,00,00, which was in the said place; and (d) subsequently, up to March 4, 2019, the Defendant stolen the victim’s property worth KRW 80,50,000, total market price of which was three times in total, as indicated in the list of crimes.

3. A special larceny at around 05:08 on March 25, 2019, the Defendant came to “Fda,” located on the first floor E underground in Yansan-gu, Yancheon-gu, Seoul. Around 05:08, the Defendant used a stone in a nearby area, thereby breaking up the glass door of the said multi-gate door door, and breaking it into the said entrance, and having one small-sized safe and one receipt book equivalent to KRW 10,000,000 in the market value, with cash owned by the victim G.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each statement of D and G;

1. Records of seizure and the list of seizure;

1. A photograph of a crime scene, such as a photograph by cutting a CCTV, on-site photograph, and a CCTV-cape photograph;

1. Application of Acts and subordinate statutes to a report on investigation (finding as to the date and time of the crime);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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