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(영문) 부산지방법원 서부지원 2019.08.29 2019고단1480
특수절도
Text

A defendant shall be punished by imprisonment for one year.

The date on which seizure has been effected shall be confiscated by one (No. 4).

Reasons

Punishment of the crime

On June 24, 2019, at around 03:44, the Defendant: (a) opened up the “D” operated by the victim C, located in Busan Shodong-gu B; (b) opened up the dracker’s entrance, destroyed the correction device, and intruded into the interior of the dracker, and then cut off with cash equivalent to KRW 150,000,000,000,000,000 won, which was located in a depository located under the krackter.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. CCTV closure photographs;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (verification of the destruction of seized goods and locking devices);

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] for the theft of general property [the fourth category] intrusion (the special person] (the mitigated punishment] for the larceny of general property: Where a person carries a lethal weapon, or intrudes into any place other than an indoor residential space: In the event that he/she carries a dangerous weapon, or intrudes into a place other than an indoor residential space (the scope of the recommended punishment and the scope of the recommended punishment], such as night-time destruction, residential intrusion, or night-time destruction, damage, etc. (the scope of the recommended punishment and the range of the recommended punishment), imprisonment for eight months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines], and for one year and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory applicable applicable sentencing range, and

3. Determination of sentence: Imprisonment with prison labor for one year (unlimited circumstances) is a bad crime that a criminal defendant stealss money by destroying and impairing the locking device of the victim.

The defendant was unable to receive suspicion from the victim.

The defendant has been sentenced to punishment for larceny and has been punished several times.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The defendant is very serious.

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