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(영문) 광주지방법원 2018.11.29 2018고단3245

특수절도

Text

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

Reasons

Punishment of the crime

On July 24, 2018, around 22:10, the Defendant met E working as an employee in the D Gameland operated by the victim C in Gwangju Mine-gu, Gwangju, with a view to cutting off cash by putting a security card with the entrance key up in the entrance cresh and cutting off.

The Defendant, at around 04:24 the following day, removed rubber fastening installed at the entrance of the above business establishment by using one-time bags to remove waste between melting and melting doors, opened a security card where the key of the entrance is attached, opened a entrance with the key, and removed the unmanned security system by using a security card, and then removed the unmanned security system, 4,000,000 won in cash owned by the victim and 4,000,000 won in cash located in the Kabter’s safe and the blap exchange.

They go back.

In this way, the Defendant: (a) destroyed part of the door at night and invaded on the structure managed by the damaged person; and (b) stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of each statute on photographs;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [decision of type] 4 [Special Sentencing] - In the event of intrusion upon general property outside the indoor residential space, the court shall take into account all the circumstances, such as the source of punishment - the source of punishment - night damage [decision of the area of recommendation] mitigated area / [the scope of recommendation] between August and one year and six months / [decision of the sentence] / The statutory punishment for special larceny was committed while the crime of this case was committed during the period of the suspension of the execution of imprisonment, and the punishment for special larceny is only imprisonment, and it is inevitable to sentence imprisonment. The above sentencing persons and the defendant recognized their errors, and the scale of damage caused by the crime of this case, etc.