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(영문) 서울중앙지방법원 2016.06.15 2016고단2278

특수절도

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 September 6, 2015, at around 04:30 on September 6, 2015, the Defendant ordered B, C, and D to “G store” in front of the victim F operation of the 1st floor of the E building in Switzerland-si, Chuncheon. The Defendant removed the corrective device attached to the glass door by unbunding the glass door so far as it can be seen, and then, removed the corrective device attached to the glass door in front of the market price of the 900,000 won entering the said door. The Defendant Dogdong 2, Dogdong 1, and Dogdong 90,000,000,000,000 won in the market price, and Dogdong 1,000,000,000,000 won in front of the Dogdong-si, and Dogdong 1,000,000 won in front of the market price.

Accordingly, the Defendant stolen the damaged goods together with B, C, and D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (in the event of crimes, related to ctv analysis and investigation);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing criteria [Scope of the recommended punishment] The mitigated area (from August to one year and six months) for the theft of general property (in cases where a person subject to special mitigation intrudes into places other than indoor residential spaces (the fourth type); and

2. According to the rulings of sentence, the sentencing conditions stated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, are equally considered and sentenced to the same sentence as the orders.

D. Unfavorable circumstances: The method and quality of the crime of this case are not good.