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(영문) 대구지방법원 영덕지원 2013.05.08 2013고단55

특수절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2009, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Jeju District Court, and completed the execution of the sentence on March 12, 201.

At around 03:00 on July 27, 2012, the Defendant: (a) came to the back of the restaurant “E” for the victim’s D operation located in Ulsan-gun, Ulsan-gun; (b) laid off the main entrance door at one hand; and (c) laid down the knife on the upper part of the upper part of the knife by cutting the knife by putting the knife into the metal ( approximately 40:50cm in length, approximately 3 meters in diameter), and laid down the knife in the above restaurant; and (c) laid down the knife into the said restaurant, and opened the knife in the said restaurant, approximately KRW 1.2 million in total, such as the knife and the knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant stolen the victim's D property by destroying the door at night and impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Description of the notification of the results of searching DNA identification information;

1. Images of on-site photographs;

1. Previous records: Application of Acts and subordinate statutes described in criminal records, etc., such as inquiry reports and investigation reports;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated crimes [the scope of punishment by law] the reason for sentencing under Article 35 of the Criminal Act [the scope of punishment by law] 1 year or 20 years [the determination of types] 4 of the larceny for general property among the thief groups (special thief] (special stief): In case of night destruction and residence intrusion, and intrusion upon places other than indoor residential space: In case of intrusion upon places other than indoor residential space (the scope of the determination of the recommended area and the scope of sentence] the area of aggravated punishment under Article 4 of the thief for general property among the thief groups: Imprisonment with prison labor for not less than one year and 6 months or imprisonment for not more than four years [general person]: there is no such element as a mitigation of punishment by sentence].