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(영문) 인천지방법원 부천지원 2015.01.23 2014고단3099

특수절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who was a resident of the small-gu Office Ctel in Bupyeong-si, and the victim D is a director of the management office of the above officetel, and the defendant, E, F and the victim have continued various civil and criminal disputes concerning the management of the above officetel.

1. Around 21:50 on July 24, 2014, the Defendant intrudes with E and F at the management office managed by the victim D on the first underground floor of the instant officetel A, and the Defendant considered the management office inside the Defendant. The Defendant considered the management office inside, and E had, four CCTV photographs owned by the victim on the victim’s book, four copies of E’s building access, three copies of the Kakakao Stockholm dialogue between E and other resident, three copies of the notice, and three copies of the Kakao Stockholm conversation between E and other resident in a recyclable room, and F had the “A Ka Ka Television Embezzlement Embezzlement Embezzlement” documents owned by the victim on the victim’s book, ten copies of the written consent to select the resident’s manager, and twenty copies of the accusation.

Accordingly, the defendant stolen the victim's property jointly with E and F.

2. The Defendant: (a) discovered one video camera of a closed-circuit system in a size equivalent to KRW 110,00 in the market price set up by the victim D at the time and place specified in paragraph (1); and (b) removed and destroyed a closed-circuit system at the place where it was originally installed.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the prosecution of the accused concerning the interrogation of the suspect (including the part concerning the statement ofG, E, and F);

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) and Article 366 of the Criminal Act concerning criminal facts;

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

1. Mitigation of discretionary work (all circumstances, such as the confession of a criminal conduct and the reflective fact, and the absence of any record of punishment exceeding the fine) Articles 53 and 55(1)3 of the Criminal Act;

1. Discretionary mitigation under Article 62(1) of the Criminal Act;