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(영문) 대전지방법원 천안지원 2016.08.19 2015고단1515

특수절도

Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a Kazakhist, has worked in the “C” located in the Nam-gu Seoul Metropolitan City, Nam-gu, Nam-gu, and is between D and D.

On January 10, 2013, at the same time as D around 02:01, the Defendant came to the above “C”. D, the Defendant reported the network, intruded into the office through a window that is not locked by the Defendant, followed the book, and left the door by using the dracker who was in possession of the dracker, thereby leaving the door of a drinking water-saving machine and leaving the door of KRW 35,000 in cash in that place.

Accordingly, the defendant stolen another's property together with D.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement;

1. Application of CCTV, field photographs, and CCTV-related Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [Types of Determination] 4 types of theft against general property - Where the mitigated element is intruded into places, other than indoor residential spaces / (4) / [Determination in the sphere of recommendation] mitigated area / [Scope of recommendation] 8 months to 1 year and 6 months [limited to general sentencing factors] - Where two or more persons are combined [main reasons for suspension of execution] - No negative damage is recovered (reasons for suspension of execution of execution of execution of execution of execution of execution of execution of execution of execution of sentence of punishment of minor damage or no criminal record of suspension of execution of execution of execution of execution of execution of sentence of punishment of more than

2. In full view of the various circumstances shown in the trial of this case, including the sentencing factors and the reasons for such sentencing, the records of criminal punishment of the defendant (no such past record) and other circumstances as the defendant's age, sex, and environment, the sentence as ordered shall be determined.