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(영문) 청주지방법원 2016.12.08 2016고단1249

특수절도

Text

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

On May 3, 2016, at around 21:50, the Defendant: (a) destroyed and intruded the lock-up system by breaking the entrance of “E” operated by the victim D in Jincheon-gun, Jincheon-gun; (b) destroyed and stolen the lock-up system at several times; and (c) destroyed and stolen the lock-up system at the hand-out market price equivalent to KRW 90,000,000, the market price of the victim, which was located in the Kash-gun; and (d) one set of a trip for travel at the market price of KRW 40,00,000,000, which was located adjacent to the Kash-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTV images on the day of the incident);

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

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] : (a) the mitigated area of general property (eight to eight to one year and six months) (special mitigation) / the case in which a person carries a deadly weapon, or intrudes into any place other than an indoor residential space (fourth category) / The case in which a person carries a deadly weapon, or where a person carries a weapon at night, and the case in which a person commits a crime under the influence of alcohol, and the value of stolen things is relatively small, the damage is recovered, the defendant supports a part of the stolen things, and supports children who are living alone, taking into account the age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.