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(영문) 대구지방법원 김천지원 2013.08.08 2013고단616
특수절도
Text

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

When the Defendant was unable to cope with loan interest, he discovered “D” bags in the old city of the U.S. operation of the victim B, which was composed of glass walls without exhausters, and tried to steal precious metals, etc. while flying out to commit theft.

On April 30, 2013, the Defendant: (a) destroyed and damaged the glass wall with the brick near it, and intruded into it; (b) destroyed four 18K posts in an amount equivalent to 3,060,000 won of the market price owned by the victim, three 3,90,000 won of the market price in the display stand, 180,000 won of the market price, including approximately 2,70,000,000 won of the market price, 16,000 won of the 4,80,000,000 won of the market price, and 2,000,000 won of the precious metals.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Records of each police seizure and each list of seizure;

1. Report on internal investigation (verification of CCTV and suspect appearance), report on investigation (Attachment of screen removal of damaged articles), report on investigation (limited to attachment of photographic materials concealed by a suspect), and application of the Acts and subordinate statutes related to photographs attached thereto;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of type] - thief theft [Special Convicts] in general property - In case of intrusion into places other than indoor residential space: In case of intrusion into places other than indoor residential space, no penalty is imposed - increased factors: intrusion on structures such as night-time destruction and damage [the scope of recommendation punishment] [the scope of recommendation] mitigation area, imprisonment from August to June (general person] - There is no record of criminal punishment.

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