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(영문) 서울동부지방법원 2020.05.20 2020고단605

특수절도등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 20, 2020, at around 06:32, 2020, the Defendant came to the Docoin Docoin room operated by the victim C underground of the Songpa-gu Seoul building B, Songpa-gu, Seoul, and entered the Docoin room, thereby entering the 1,583,000 won in cash, which had been in the singing safe and the singing exchange box.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

2. On January 28, 2020, the Defendant: (a) around 05:45, 2020, on the first floor of the victim C underground of the Gangnam-gu Seoul E building, operated by the victim C, operated by the victim C, operated by the victim C, with the walls installed a corrective device and installed an auxiliary entrance to the corrective device; and (b) carried the entrance into the entrance, and carried 2,100,000 won in cash in the singing safe and the room room.

Accordingly, the defendant stolen the victim's property by damaging door at night and impairing the victim's structure.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and C;

1. Investigative reports (to hear statements from victims);

1. Application of the Acts and subordinate statutes governing each CCTV creation images and field photographs;

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

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Special thief) thief (Special thief) thief (Special thief) thief (Special thief) thief) thief (Special thief) thief) thief (Special thief) thief) thief (Special thief) : In case of intrusion into places other than indoor residential space, which is not punishable: In case of intrusion into night damaged buildings, etc. (the scope of