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(영문) 대전지방법원 홍성지원 2020.06.17 2020고단359
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 22:00 on April 5, 2020, the Defendant intruded with the window of the above restaurant that was not corrected in the “D restaurant” operated by the victim C, Hongsung-gun, Hongsung-gun, and then forced the accounting unit to use the bags located in the kitchen, but did not contain cash. As such, the Defendant did not contain cash, the Defendant was 1 soldier, and Sariju in the total amount of KRW 5,00 in the market price in the above kitchen cooling-gun (hereinafter “D restaurant”).

In addition, from April 13, 2020 to April 02:31, 2020, one soldier had taken or attempted to take 240,000 won of the market price through six times in total, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant invadedd a structure by destroying a part of the structure at night and attempted to steal or steal the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, F, and G;

1. Each statement of H and I;

1. Records of seizure and the list of seizure;

1. A report on the results of field inspections;

1. Results of field surveys and answers;

1. List of 112 reported cases handled, respectively;

1. All on-site photographs;

1. Application of each CCTV image statute;

1. Relevant provisions of Article 331(1) of the Criminal Act concerning criminal facts, Article 330 of the Criminal Act, Article 330 of the Criminal Act, and Article 330 of the Criminal Act concerning criminal facts (the charge of attempted larceny of night buildings);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief] thief (Special thief) thief (type 4) thief (special stief) thief) thief (special stief) : In cases of intrusion into places other than indoor residential space, the aggravated factors: In cases of intrusion into places other than indoor residential space, the basic area of the thief (the recommended area and the scope of recommendations), imprisonment with prison labor

(b) Crimes Nos. 2 and 3 (each night building intrusion) (a decision on types of larceny).

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