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(영문) 서울북부지방법원 2016.04.27 2016고단906
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant provided accommodation in the victim “D church” on the fifth floor of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu Seoul, and the above church, knowing that it was unconstitutional to donate the money received on Sundays, was collected on a monthly basis, with the knowledge that it was collected on a monthly basis, and that the Defendant stolen money from the new wall to raise living expenses.

On March 14, 2016, at around 03:00, the Defendant opened a competition with the entrance of the church, which had been locked by drawing the entrance of the church, and opened the wedding room, and kept two unconstitutional boxes containing the sum of the total incentives of the members of the victim church in that place, and stolen them.

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. Statement made by the police for E;

1. A written statement;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommending punishment] thief for general property, the area of special mitigation (from April to January, and from June: Provided, That since the statutory penalty is imprisonment with prison labor for at least one year, a sentence of imprisonment with prison labor for at least six months shall be imposed);

[Special mitigation (Aggravated Punishment) In the event of intrusion upon any place other than a living-type crime or indoor residential space, a punishment is not imposed; / intrusion upon a residence damaged at night or at night (decision of sentence) shall be determined as per the order, taking into account the following: (a) the defendant was sentenced to imprisonment for six months on May 8, 2015 with prison labor for larceny, etc. and committed the instant crime during the grace period, but his/her mistake is against himself/herself; and (b) the victim does not want the punishment of the defendant.

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