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Reasons
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(영문) 부산지방법원 동부지원 2019.09.04 2019고단453
특수절도
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A defendant shall be punished by imprisonment for not less than eight months.

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 February 20, 2019, the Defendant: (a) around 22:16, at around 22:16, at a restaurant operated by the victim C located in Busan-gun, Busan-gun; (b) damaged the knick door door door door by cutting down the knick part of the entrance by hand; and (c) invaded the entrance into the restaurant by opening the entrance; (d) 5 A Spanish social aggregate (c) of the victim, who is the victim’s possession in custody in the tobacco display belt located in the knickter, (c) 4 A, Spanish social aggregate (c) 10mg (c) of Spanish (c 5,00 won equivalent to KRW 4,50), 10 Spanish (c 4,500 won), 3 D, 4, 44, 100 flick (c 4,500 won at the market price), 1,501 flick (c 201,500 won).2

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to on-site photographs, CCTV photographs, records of seizure, photographs of seized articles, investigation reports (in respect of damaged articles), and investigation reports (in respect of acceptance and visit reports);

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act shows the attitude of the defendant against the defendant's wrong judgment. Although the defendant was sentenced to a fine of 200,000 won for larceny on July 4, 1986, there are no other similar criminal records, the defendant's age, environment, character and conduct, motive, means and consequence of the crime (the degree of damage) and all other criminal sentencing conditions including circumstances after the crime are committed, the sentence shall be determined as ordered.

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