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(영문) 부산지방법원 서부지원 2018.05.29 2018고단494

특수절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, while receiving the delivery of a raw ship from the freezing food company C, etc. on June 23, 2017, experienced difficulties in raising living expenses after being laid off, the Defendant attempted to steal the victim’s residence by impairing the victim’s house by using the fact that the victim D’s house, an freezing food company, which was the freezing food company that the Defendant worked until June 2014, runs away to the outside for the movement at night.

Accordingly, on March 7, 2018, the Defendant came to the upper conference operated by the victim, Seo-gu, Busan, and the above victim, around Busan on March 7, 2018, and up to KRW 130,000 in cash owned by the victim on the wall of the victim, who invaded the 1st floor door glass door with the brick, and intruded into the residence of the second floor victim through the stairs, and was in an open room.

In other words, they stolen them.

Accordingly, the Defendant destroyed the entrance at night and invadedd the residence of a person, thereby thefting another person's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

1. The extraction photographs of each CCTV, the application of Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 observation of protection;

1. The scope of the recommended punishment based on the sentencing guidelines for the theft against general property, the scope of the special mitigation area (4 months to one year and six months) [4 months] and the scope of the final sentence revised by the applicable sentences under the law of living crimes: Six months to one year:

2. The crime of this case, which was determined to be sentenced, was committed by intrusion upon the residence of the victim at night, and the liability for the theft is minor;

It can not be seen, and the fact that the defendant was sentenced to punishment for the same crime in 2006 is disadvantageous to the defendant.

However, the fact that the defendant has led to a crime and is against himself, and the defendant shall pay 700,000 won to the victim.