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Reasons
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(영문) 부산지방법원 서부지원 2019.09.20 2019고단1702
특수절도등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 3, 2019, the Defendant: (a) around 15:25, on “D” managed by the victim C in Busan Sho-gu B, Busan; (b) opened a door that was not set up by the victim, with the intention of theft of property, and infringed upon the structure managed by the victim, by entering the front of the legal gate.

2. On February 19, 2019, at around 17:42, the Defendant came to operate the Victim F, located in Busan Shodong-gu, Busan, the Defendant: (a) opened the entrance by means of cutting off the wooden net knick door between the entrance at which it was closed in alkin and sealed by hand; and (b) intruded into the entrance by means of cutting off the entrance; and (c) stolen food equivalent to KRW 20,000 at the market price, including 17:42 disease, etc., owned by the victim.

Accordingly, the Defendant: (a) destroyed the victim’s property during the daytime; and (b) stolen the victim’s property by impairing the victim’s structure managed.

3. On April 17, 2019, at around 02:00, the Defendant: (a) laid off the entrance glass from the wall (19cm in length, 5.5cm in width) located in the city of Busan on April 17, 201; (b) laid down the entrance glass; and (c) invaded into the door thereafter, the Defendant cut off the entrance glass of the victim; and (d) cut off the victim’s own share of KRW 1,000 at the market price of KRW 5,00,000 at the market price of KRW 10,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. C’s statement;

1. A gene appraisal report;

1. Application of the Acts and subordinate statutes to the suspect, entrance photograph, broom photograph, locked photograph, and locks photograph, taken on each spot photograph, and in CCTV;

1. Relevant Article 319(1) of the Criminal Act, the choice of punishment against the crime, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 331(1), and Article 330 of the Criminal Act shall be applicable after damage.

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