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(영문) 대전지방법원 2017.08.08 2017고합108
특수절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to one year of imprisonment with prison labor, two years of suspended execution, and fine of KRW 3,00,000 for a violation of the Automobile Management Act, etc. in the Daejeon District Court's Incheon Branch Branch on August 18, 2016, and the judgment was finalized on May 11, 2017.

The Defendant worked in the “E limited partnership company” operated by D from January 12, 2003 to October 31, 2014, the Defendant: (a) removed air conditioners installed on the wall of the victim company; (b) removed air conditioners installed on the wall of the victim company; and (c) laid the hole (50cm wide, 40cm long, hereinafter in this case’s entry) on the surface where the air conditioners are removed.

On the other hand, the defendant's negligence around December 19, 2013 caused a fire that explosion of LPG gas due to the defendant's negligence, and the relationship with the victim company was omitted due to retirement and reinstatement of the victim company and the defendant, problems of litigation proceeding, etc.

Accordingly, the Defendant committed an intrusion upon the victim company by using the fact that the wheel board and the sprink can be easily removed from the entrance of the instant bed, thereby attempting to steals cash, such as taxi commissions, etc. of taxi drivers.

B. From February 22:20 to 24:00 on February 7, 2016, the Defendant: (a) went into the victim company through the entrance of the instant bed; (b) went into the victim company through the entry of the instant bed; (c) then, (d) 2,852,500 won, cash 1,800 won in cash contained in the instant document box; (d) 3,114,800 won in cash contained in the said document box; and (e) 4,567,00 won in cash, total of 12,334,300 won in cash, and 3,114,800 won in cash contained in the instant document box; and (e) 12,334,300 won in cash, and 3,12,300 won in cash and 12,34,300 won in the market price, and (e) owned the victim’s property and the victim’s property.

Summary of Evidence

1. Witness D and each testimony of F;

1. On-site photographs and guidance;

1. Investigation reports (Analysis of the method of coloring articles damaged at the scene of the crime), and investigation reports (suspect A.

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