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(영문) 수원지방법원 평택지원 2021.03.19 2020고단1624

특수절도

Text

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

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

On June 3, 2020, the Defendant used 22:30 to 22:42 the victim C’s necked Babed Ba, which was in the vicinity of Pyeongtaek-si B, accompanied by the entrance gate reading center, and opened the entrance by inserting the strings in the strings, and forced the entrance to enter the container inside the container, and then opened the entrance inside the container in a way of cutting the stringing the string, and opened the entrance into the container in a way of cutting the door amounting to KRW 180,00,000 at the market price of the victim’s possession, which is equivalent to KRW 11,960 at the market price, KRW 20,00 at the 159,60 at the market price, KRW 3,750 at the market price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. All on-site photographs;

1. A written inquiry of residents, and a written inquiry of residents, from among vehicle-based CCTV photographs (D), vehicle-based CCTV images (D), vehicle-based comprehensive tax details (D), and vehicle-based inquiry;

1. The application of investigation reports (Analysis of CCTV images of a farm), investigation reports (Analysis of CCTV images for crime prevention in neighboring CCTV and suspect parking lots), investigation reports (Analysis of CCTV images for crime prevention), investigation reports (Analysis of neighboring F CCTV, national road crime prevention and CCTV for recognition of vehicle numbers), investigation reports (verification of victim's counter-victims), investigation reports (issuance of DNA truck driver's cards and driver's confirmation at the time of issuance and issuance of the driver's checks), investigation reports (verification of victim's counter-victims), investigation reports (in calculation of market price of damaged goods), and investigation reports

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

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

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment in accordance with the sentencing guidelines [the type of punishment] [the thief] theft [the 4-type Special Sentencing] for general property] - Where intrusion is committed in places other than indoor residential space, the amount of punishment is not punishable - Where a person intrudes into places other than indoor residential space, or where he/she carries a lethal weapon - Where he/she carries a dangerous weapon or intrudes into residence, night-time damage, structures, etc. [the area of recommendation and the scope of punishment] mitigated area, imprisonment from August to June.