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(영문) 대구지방법원 2019.01.10 2018고단4772

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On September 18, 2018, at around 22:40, the Defendant: (a) caused the creshion of the external steel nets of the D Hospital in Daegu Dong-gu, Daegu-gu, by forceing the victim C with his/her hand, destroyed them by influoring the cresh, and entered the hospital inside the hospital by influoring the first floor glass knite; (b) continued to drink two cans with which the market price in the medical room cannot be known; and (c) continuously, the Defendant received money equivalent to KRW 100,000,000,000 at the market price where one 100,000,000,000,000 won per unit was located in the original office.

Accordingly, the Defendant stolen property by destroying or damaging the door, the wall, and a part of the structure at night, and by impairing the structure managed by the victim.

2. On September 25, 2018, around 02:53, the Defendant entered the crepane hospital inside the auxiliary hospital by forceing the victim C with his/her external wire-nets in Daegu-gu, Daegu-gu, Daegu-gu, in his/her hand, and entered the crepane by force. The Defendant had a total of 15,000 won of the market price of the victim’s possession in the guard room.

Accordingly, the Defendant stolen property by destroying or damaging the door, the wall, and a part of the structure at night, and by impairing the structure managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Records of seizure and the list of seizure;

1. Three copies of a investigation report (to peruse CCTVs at the scene of damage and attach photographs to the scene of damage), a criminal investigation report (Attachment to seized objects), a criminal investigation report (Attachment to a photograph of CCTV images to a suspect second crime), and a photograph of the CCTV-cape;

1. Application of Acts and subordinate statutes on the results of inquiry of convict DNA personal information, and written confirmation of identity of larcenys;

1. Article 331 (1) of the Criminal Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The sentencing criteria shall be based on;