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(영문) 대전지방법원 2018.12.20 2018고단3803

특수절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On August 18, 2018, the Defendant: (a) was in front of the “E” of the victim D’s operation in the large exhibition Dong C, around 02:14, the Defendant destroyed the device of correction by inserting up the front door door door to the entrance door of the “E” in a way that the victim returned home after completing his/her business; and (b) went back with the cash amounting to KRW 190,000,000 in the bank in the place where the Kabter was located.

The Defendant, at night, stolen the victim’s property by destroying and damaging the “E” store entrance of the victim’s management at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on occurrence of special larceny, reports on results of field identification, and on-site photographs;

1. Each internal investigation report, investigation report, and investigation report;

1. Application of Acts and subordinate statutes to inquiries, such as the search of court cases, one copy of judgment, one copy of indictment, and criminal history;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment [the scope of recommended punishment] [the decision of sentence] of the basic area (one to two years and six months) of the 4 types of larceny for general property] (the decision of sentence] of the Defendant recognized the Defendant’s mistake, and committed the instant crime during the period of parole by being released for the same kind of crime or for a similar crime in favor of others, and the Defendant committed the instant crime during the period of parole on August 17, 2016. The Defendant was released from Daejeon District Court on May 21, 2018 and completed the period of parole on July 24, 2018 when he was released from Daejeon District Court on May 21, 2018.

It is not good that the form of conduct is interviewed and dangerous, and the crime is not good.

In addition, the sentencing data recorded in the records, such as the age, sex, environment, circumstances leading to the crime, and circumstances before and after the crime, shall be determined as per the order.