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(영문) 의정부지방법원 고양지원 2014.09.05 2014고단1675

특수절도

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. On May 18, 2014, at around 03:34, May 18, 2014, the Defendant: (a) opened a tent of the food materials warehouse that was locked to a restaurant after the restaurant; (b) opened the draber on the date on which the Defendant prepared for the lock of the warehouse in advance; (c) intruded the container into the container, and then sealed three compacts of the total market price of the victim’s swine machine worth KRW 150,000, total market price in the container in the warehouse.

2. On July 12, 2014, around 02:33 on July 12, 2014, the Defendant invaded the places prescribed in paragraph (1) in the same manner as that prescribed in paragraph (1) on the part of the victim’s market price, which is the victim’s possession in the cooling house located in the warehouse, and stolen three compacts of swine amounting to KRW 150,000 on the plastic paper.

3. On August 3, 2014, around 02:25, the Defendant intruded into the place prescribed in paragraph (1) in the same manner as that prescribed in paragraph (1) at around August 3, 2014 and stolen property worth KRW 30,000 in total market value, such as a single coffee, if he/she was the victim’s possession at the top of the warehouse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of statutes, such as photographs of crimes;

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

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. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Criminal Act of the community service order: thief, theft against general property, theft against general property, mitigation area (in the case of intrusion upon places other than a living-type crime or indoor residential space), imprisonment with prison labor for up to eight months to one year and six months, the Defendant intruded into the same place on three occasions and repeated theft, and the victim’s damage was not recovered.

On the other hand, the amount of damage did not so, and the defendant committed the crime of this case for the purpose of being involved in high-frequencys themselves while the defendant was on the job.