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(영문) 부산지방법원 서부지원 2017.10.24 2017고단1039

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2016, around 03:08 on May 17, 2016, the Defendant: (a) entered a restaurant operated by the victim D located in the Gangseo-gu Busan Metropolitan City C Park on May 17, 2016; (b) entered the restaurant operated by the victim D, who was located in the Gangseo-gu Busan Metropolitan City, through a window that was not corrected by an negligence of surveillance; and (c) subsequently, he stolen goods equivalent to KRW 600,000 in cash owned by the victim, and KRW 25,000,000, such as fruit and drinking water.

2. A special larceny: (a) on October 2, 2016, the Defendant: (b) 00:00, entered the “F veterinary hospital” of the victim E operated in the said C Park; (c) applied a cresh in which the surrounding surveillance was neglected; and (d) went into the victim’s instant cup, thereby damaging the glass door by breaking up the glass door; and (c) thereby cutting down the victim’s instant cup, the Defendant stolen the Defendant’s 350,000 won in total, including 3 stuffs, strings, strings, and apap 1 boxes, 1 strings, and 50,000 won in total.

3. On November 7, 2016, around November 23, 2016, at night, the Defendant: (a) thief who intrudes on a structure entered the entrance through a mast door door, where the horses located in the said C Park were not corrected by being creshed by using a cresh in the surrounding supervision; (b) and (c) caused a theft of a structure in excess of KRW 200,000 in the market price owned by the G; and (d) caused a theft of a structure in excess of KRW 450,00 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, and G;

1. CCTV images;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to a report on investigation (additional statement by a victim);

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act (the point of larceny of a structure intrusion at night) concerning criminal facts;

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

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act, which is the period of suspension of execution (the period of suspension of execution for the following reasons for sentencing)

1. Scope of applicable sentences under Acts: Six months to seven years; and

2. The sentencing criteria shall be set.