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(영문) 인천지방법원 2018.12.13 2018고단6342

특수절도등

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

1. On September 3, 2017, between around 21:30 and around 22:53, the Defendant: (a) broken by using a day-type drone, which is an object dangerous to the free windows of the head of the D-Wed class of the D-Wed vehicle parked by the victim C, at the 2nd parking lot of the Incheon Southern-dong-ro, Incheon, 238 Incheon, the Grand Park; (b) took one of the bags with cash worth of KRW 50,000 from around that time to July 29, 2018; and (c) stolen the goods of the victims, carrying lethal weapons at least five times in total, as indicated in the list of crimes Nos. 1, 2, 4, 5, and 6.

2. From May 6, 2018 to August 4, 2018, the Defendant stolen the victims’ property two times in total, as described in the No. 3 and No. 7 of the attached Table of Crimes, by opening a door on the part of the victim E, who was parked by the victim E in the parking lot No. 2, Nam-gu, Incheon, Chungcheongnam-gu, Incheon, 238 Incheon, by stating that the victim’s son, who was in his/her possession, did not correct the victim E’s sponsor car, and 80,000 won, was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of C, H, I, E, J, K, L, and M;

1. Each protocol of seizure and the list of seizure;

1. On-site photographs, reports on the results of field identification, each 112 reported case processing table, each acceptance certificate, each on-site map, and photographs of damaged vehicles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (special larceny) of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act concerning the selection of punishment (a point of intention and a choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations]] There is no basic area (from six months to one year and six months) (the person who is subject to special sentencing] (the sentence shall be sentenced.