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(영문) 대구지방법원 포항지원 2020.03.05 2020고단78
특수절도
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2019, the Defendant of special larceny, around 21:50 on December 21, 2019, came to be “D” operated by the victim C in the south-gu B market at port via one hundred and twenty (30,000 won (hereinafter “D”), which was prepared in advance, destroyed the entrance shuttle, and entered the said place, with approximately thirty thousand (30,000 won), and with two-eight (129,400 won) tobacco equivalent to the market value.

Accordingly, the defendant stolen the property of the victim by damaging the door, the wall, and a part of the structure at night, and by impairing the structure.

2. On December 31, 2019, the special larceny Defendant came to the place under the above paragraph (1) around December 21, 2019, at around 21:05, and had 140 cigarette worth KRW 643,00,00 at the market price, which was owned by the victim C, after opening the entrance locks by using the sadra, prepared in advance as referred to in the above paragraph (1).

Accordingly, the defendant stolen the property of the victim by damaging the door, the wall, and a part of the structure at night, and by impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Application of each statute on photographs;

1. Articles 331 (1) and 330 of the Criminal Act applicable to the relevant criminal facts;

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 for discretionary mitigation;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under 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) : Where a person carries a deadly weapon, or intrudes into a place other than an indoor residential space: In the event that he/she carries a deadly weapon, or intrudes into a night, destruction, intrusion upon his/her residence, or night, destruction of a structure (recommended area

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