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(영문) 제주지방법원 2017.06.28 2017고단1156

재물손괴등

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

On May 8, 2017, around 03:39, the Defendant committed a theft of chips to meet the money in a chip casino established by the victim Pakistan, Inc., Ltd., Ltd., Ltd., on a 80-year-ro basis in Jeju Island on May 8, 2017.

1. At around 06:00 on May 8, 2017, the Defendant: (a) opened a bar located in a toilet next to the VIP room in the said casino; and (b) destroyed the difference from the ownership of the victim by opening the bar.

2. On May 8, 2017, at around 06:19, the Defendant: (a) entered a casino in VIP room; and (b) opened a locking device by inserting a chips with a string of a chips less than KRW 6,400,000,000, owned by the victim and chips equivalent to KRW 6,400,000,000, in total, of chips equivalent to KRW 1,000,000,000, owned by the victim.

As a result, the defendant had invadedd the victim's room, and stolen the amount of chips equivalent to KRW 6.4 million which can be exchanged in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigative reports (limited to photographs, such asCCTV photographs);

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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. The reasons for sentencing under Article 62(1) of the Criminal Act, the following circumstances, shall be considered, and the sentence shall be determined as per Disposition.

Unfavorable circumstances: The Act on the Number of Crimes recognizes all crimes and reflects on the fact that the Defendant, who was willing to steal a casino chips but was not required to keep the chips, opened to keep them after opening the bar, and stolen a chips.