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(영문) 제주지방법원 2014.12.12 2014고단1604
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 February 25, 2014, at around 20:00 to 21:00, the Defendant opened and intruded a door door locker at a new site of D new construction site located in Seopo-si, Seopo-si, by removing a door locker at a place where the Defendant was corrected by using a cresh in advance, which had been prepared by using a cresh in which surveillance was neglected, and then opened and intrudes the door. The Defendant stolen it with three oft-dos equivalent to KRW 900,000,000 in the market price owned by the victim, KRW 1,000,000,000 in the market price owned by the victim, KRW 90,00 in total,00,000 in the market price owned by the victim, and KRW 2.8 million in the market price owned by the victim.

2. On March 8, 2014, around 22:35, the Defendant: (a) opened and intruded into an entrance that was not corrected by means of a cresh in which the surrounding surveillance was neglected; and (b) cut off the entrance with one set of Nowon-gu, the market price owned by the victim J, which was located on his/her book, equivalent to KRW 1.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective laws and regulations of E, F, G and J;

1. Relevant Articles 331(1) and 330 of the Criminal Act concerning facts constituting an offense and Article 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for crimes No. 1 [Scope of Recommendation] for general property: Where a person intrudes into places, other than indoor residential space (type 4) in the basic area (type 1 to 2) (type 1 to 6 months) for the theft of general property; / Where a person carries a lethal weapon; or where a person commits crimes No. 2 for the purpose of committing crimes (type 4) for the theft of general property [Scope of Recommendation Punishment] for the mitigated area (type 8 to 16 months) for the mitigated area (type 4) for the larceny of general property (type 8 to 16 months), except indoor residential space (type 4): The scope of final sentence according to the aggravated punishment for multiple crimes: one year to 3 months:

2. The first sentence is the sentencing decision;

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