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(영문) 춘천지방법원 원주지원 2018.11.29 2018고단1075

특수절도

Text

A defendant shall be punished by imprisonment for one year.

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 August 28, 2018, the Defendant: (a) destroyed the door door slided on the original city C building and the “E” of the victim’s D operation on the first floor; and (b) invaded into the door by removing the corrective device; and (c) stolen a total of approximately KRW 170,000,000 in cash owned by the victim, which was kept in the West, including approximately KRW 40,000,000, KRW 1300,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [Scope of Recommendation] : (a) the special mitigation area (from April to January 1) [Special mitigated Persons] / In the event of intrusion into places other than indoor residential spaces, (b) the crime committed on the grounds that the nature of the crime is bad; (c) the crime committed on the grounds that he has lost money in the game room; (d) the motive for the crime was considerably poor; (d) the crime was committed on the grounds that he has been sentenced to criminal punishment on several occasions due to the larceny; (d) the victim had no record of criminal punishment since 193; (e) the Defendant’s age, sexual behavior, intelligence and environment; (e) the motive, means and consequence of the crime; and (e) the circumstances of the crime after the crime were committed, etc., the punishment shall be determined as follows: