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(영문) 부산지방법원 2015.10.21 2015고단1865

특수절도

Text

A defendant shall be punished by imprisonment for six 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

On January 26, 2015, around 01:20 on January 26, 2015, the Defendant: (a) sold and destroyed the front door to the E convenience store operated by the victim D, which was located in Busan Seo-gu; and (b) invaded into the above convenience store, and then stolen tobacco equivalent to KRW 30,000,000 owned by the victim under his custody.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (limited to the attachment of field CCTV photographs);

1. Article 331 (1) of the Criminal Act applicable to the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation Sentencing] Where a person intrudes into a place other than an indoor residential space (4 months to 1 year and 6 months) in the area of special mitigation (special mitigation) (4 months to 1 year and 6 months), the court below's decision not to punish the defendant [the decision not to punish the defendant] appears to have an attitude to recognize and reflect the crime, the amount of damage was not significant, the fact that the victim agreed with it, and the fact that there was a history of having been punished several times for the same kind of crime;