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(영문) 수원지방법원 성남지원 2016.10.19 2016고단2634
절도등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On August 25, 2016, the Defendant, due to his living mind, frightened the door, and frightened the place of the crime, and frightened with the tool of the crime.

1. On August 26, 2016, the Defendant: (a) around 06:06, the Defendant: (b) 06:06 on August 26, 2016, up to the “E” page operated by the victim D in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (c) destroyed the wall surface of the hallway sides of the metal with a view to thefting precious metal; and (d) invaded into the gold bank with a view to leaving the displayed glass in which precious metal was stored.

As a result, the defendant intrudes on the building managed by the victim, and damages the wall surface of the glass amounting to approximately KRW 690,000 in total market value, which is the victim's own price, and has damaged its utility.

2. The Defendant: (a) intruded into the above “E” bank at the time and place under Paragraph (1); (b) sealed the display glass as described in Paragraph (1); and (c) maintained in the display belt, there was a total of 10,200,000 won of the market price of the above victim’s possession; (b) 2, 14k asphalt 9, and 14km.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 329, 319 (1), and 366 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. A prior plan to commit a crime with reason for sentencing under Article 48(1)1 of the Criminal Act shall be formulated, the amount of damage shall be reasonable, and the defendant shall be punished with severe punishment due to poor method of crime.

However, the first offense is agreed with the victim, the victim complained of the defendant's wife, and the defendant is aware that he/she is in the middle of his/her family, and is in depth against the crime of this case.

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