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(영문) 인천지방법원 부천지원 2018.06.22 2018고단1282

특수절도

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From January 2018 to March 2018, the Defendant was an employee at D gas station operated by the victim C in Kimpo-si B as an employee. On May 8, 2018, around 2018, at around 03:30 on May 8, 2018, the Defendant: (a) cut the windows, which were corrected in the above gas station, to the substitute seat located on the floor; (b) destroyed them; and (c) invaded into the above convenience store; (d) carried approximately KRW 400,000 in cash located in the small credit cooperative.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a crime, theft, on-site photographs, CCTV photographs, investigation reports (in addition to field photographs), field photographs, reports on results of field identification, and field photographs;

1. The reason for sentencing under Articles 331(1) and 330 of the Criminal Act regarding the crime of this case / [the scope of recommended punishment] The sentence shall be imposed on the defendant in consideration of the following: (a) the basic area (one to two years and six months) of the theft of general property (special mitigation (special mitigation) / Where the defendant intrudes into any place other than indoor residential space (special mitigation) / The decision of the sentence / The punishment / The decision of the sentence ] the crime of this case is a theft of cash by destroying and damaging the window at which the defendant was corrected and impairing the window and destroying it, which is not good to the law of the crime, the nature of the crime, the agreement with the victim or failure to recover from damage; (b) the previous record of the crime, etc.

However, the punishment is determined as ordered by comprehensively taking into account the following factors, such as the defendant's recognition of the crime, the motive and circumstance leading up to the crime of this case, the relationship with the victim, the amount of damage, the circumstances after the crime, the age, sexual conduct, family relationship, economic circumstances, etc. of the defendant.