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(영문) 서울서부지방법원 2018.07.13 2018고단1657

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 05:00 on May 8, 2018, in the vicinity of the "E operated by the victim D" operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government around 05:00, the Defendant placed the dracker in the lower entrance by using the dracker without the victim, laid the dracker at the end of the corrected entrance, cut off the dracker, cut off the dracker, and then intruded into the upper drack, and then put the correction device into the upper drack, and put it in the plastic drack which prepared in advance approximately KRW 100,000 in total at the market price of KRW 450,00.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 331 (1) and Article 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The punishment shall be imposed in consideration of all the circumstances, such as the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, in consideration of the following: (a) the mitigated area of category 4 (Special Mitigation) in general property; (b) where the person intrudes into a place other than an indoor residential space (special mitigation : (c) the person who is not subject to punishment; (d) where the person intrudes into a place other than an indoor residential space; (d) where the person intrudes into a house at night; (d) the person who intrudes a normal mistake; (d) the person who has agreed with the victim; (d) the person who has been sentenced to a fine by larceny; and (e) the person who has agreed with the victim at least three times;