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(영문) 광주지방법원 2020.02.18 2020고단237

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 28, 2019, at around 23:47, the Defendant got in front of the “D store” in the operation of the Victim C in Gwangju North-gu, Gwangju-gu, the Defendant: (a) destroyed and intruded the area surrounding the locking device by strongly shaking the knife with hand; (b) carried out cash amounting to KRW 700,000,000 owned by the victim who was in the bank in charge of calculating the locking unit, etc.; and (c) committed an attempted theft of another’s property by destroying a part of the structure at night over 13 times in total, such as the list of crimes, from January 11, 2020, by intrusioning the structure at night; or (d) by destroying the structure at night, and attempted to steals another’s property by impairing the structure at night; and (d) attempted to steals another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, G, H, I, J, K, L, M, and N;

1. The police seizure record and the list of seizure;

1. On-site photographs, data on criminal appearance photographs, on-site photographs, data on CCTV photographs, on-site photographs, and CCTV photographs;

1. Each report on the occurrence of an investigation (presumed by the same person and CCTV photographs), investigation report (additional reporting on larceny damage), investigation report (additional reporting on larceny damage), investigation report (Comparison between the suspect and the suspect A), investigation report (Comparison between the suspect ofCCTV image and the suspect A), and application of Acts and subordinate statutes to investigation report (fields and intrusion route verification-1);

1. Article 331(2) and (1) of the Criminal Act, Article 330 of the Criminal Act, and Articles 342 and 330 of the Criminal Act, concerning facts constituting an offense;

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

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a record of being punished for the same kind of crime, and the fact that the defendant intrudes into the structure managed by the same victims or damages a locking device at night over several times in a short period, and thereby steals or attempted to steals an object, is relatively large compared to the frequency of the crime.