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(영문) 대전지방법원 천안지원 2019.07.10 2019고단1194

특수절도등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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. Around January 11, 2019, the Defendant committed special larceny: (a) around 02:18, on January 11, 2019, entered into the D cartoons, operated by the victim C, in Yannam-gu, Yannam-gu, Yananandong-gu, with a view to unfolding the glass entrance in advance, and carried out 200,000 won of cash, which is the victim’s possession in the knter’s tree spath.

Accordingly, the Defendant destroyed door at night and invadedd the structure that the victim can receive, thereby cutting down the victim’s property.

2. On February 24, 2019, the Defendant: (a) entered a G cafeteria operated by the Victim F in Asan-si on February 24, 2019; (b) entered the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door in the front door door door door door door door door door door door door door door door door door; and (c) held a credit cooperative worth KRW 500,00 at the market price, which is owned by the victim who was placed in the door door door door door.

Accordingly, the Defendant destroyed door at night and invadedd the structure that the victim can receive, thereby cutting down the victim’s property.

3. On March 2019, the Defendant, at night, was committing the larceny of a structure at night on or around 03:00 on March 1, 2019, with a cash of KRW 5,00,00, which is the victim’s possession, located in the J restaurant operated by the victim I of the victim I in Y in Y in Y in Y in Yanannam-gu, Yananannam-gu, and was opened and opened, which was not corrected at the place of the opening, and was not opened.

Accordingly, the defendant stolen the victim's property by impairing the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, I, and C;

1. Application of on-site photographs, on-site photographs of J-cafeterias, and Acts and subordinate statutes governing Diccars site photographs;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense (the point of night larceny) of the relevant Act;

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. Suspension of execution;