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(영문) 대구지방법원 의성지원 2012.12.13 2012고단261

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 21:00 on August 24, 2012, the Defendant: (a) removed the victim’s window shocking network in front of the container located in the office of the victim D located in the Cheongong-gun, Chungcheongnam-gun; (b) removed the container by hand; and (c) intruded the container through the window; and (d) stolen the victim’s 100,000 total market price of the 100,000 gold sheet sheet in the 300,000 gold sheet in the 50,000 gold sheet in the 100,000,000 won, which is owned by the victim, and kept in the ship; and (b) cut off the 50,000,000,000 won gold sheet in the 50,000,000, total market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. In light of the Act on the Acceptance of Criminal Crimes, the relationship between the Defendant and the victim, the circumstances after the crime, the degree of damage to the victim and whether the damage was recovered, etc. on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., sentencing factors favorable to the following) of the Act on Discretionary Mitigation, the crime of this case is deemed inevitable due to poor quality of the crime.

However, considering the fact that the defendant is currently aged, that the defendant has not been punished by imprisonment since 1988, and that the defendant has only been punished by a fine once in 2000, that the defendant's family relation, economic situation, sentencing guidelines determined by the Sentencing Committee, etc., the same punishment as the order shall be determined.

It is so decided as per Disposition for the above reasons.