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(영문) 대전지방법원 2017.05.24 2017고단845

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant: (a) came to be a parking lot of the competent church located in the area of the Seosung-gu, Daejeon, Seosung-gu, Daejeon in order to steal the property located in the D vehicle owned by the victim C, which is parked there; (b) the Defendant, by putting a stone, which is a dangerous object in the vicinity, and putting off a glass door on the side of the driver’s seat of the said vehicle, destroyed the 2,071,940 won for repair, and then destroying the c.50,000 won for repair, and then 2,000 won for cash, which is installed in the said vehicle.

L. A. L. theft was committed.

The Defendant, as seen above, destroyed other’s property and stolen money and valuables from the dangerous object to 04:00 of the same month, and then destroyed seven dangerous objects or seven vehicles owned by the victims, such as a deadly weapon, by using the stone and gymology, as indicated in the list of crimes, in an amount equivalent to KRW 3,573,360, in total, including the cash, etc. owned by the victims in four of the said seven vehicles, respectively. However, the Defendant attempted to steal money and valuables in three of the said seven vehicles, but failed to search for the items to be stolen, and thus attempted to commit attempted to commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, G, H, I, and J;

1. Each photograph (the list Nos. 7, 9, 13, and 17), investigation report, and written estimate of the victims;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 331(2) and 331(1) of the Criminal Act (the point of special larceny) concerning criminal facts, Articles 342, 331(2), and 331(1) (the point of attempted special larceny) of the Criminal Act, and Article 369(1) of the Criminal Act (the point of destroying special property and the choice of imprisonment with prison labor) concerning the choice of punishment;

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. To suspend the execution for the same offense as the sentencing of Article 48(1)1 of the Criminal Act is applicable.