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(영문) 대구지방법원 포항지원 2017.07.19 2017고단617
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2017, at around 03:30 on 03:30, the Defendant: (a) destroyed and damaged glass windows from the entrance in front of the main entrance of the victim C operation located in Nam-gu, Nam-gu; and (b) destroyed and stolen them, with one television of an amount equivalent to KRW 800,000,000,000,000,000 in the market value of the victim’s ownership located in the room; (c) one electronic siren of an amount equivalent to KRW 200,000,000,000,000,000 won in market value;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended punishment / [the scope of the recommended punishment ] General property / In the event that the mitigation area (from August to January 6) (special mitigation / special mitigation /) intrudes into places other than indoor residential space (type 4) / [the decision of the sentence] following the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions such as the circumstances after the crime, etc., shall be determined as the order.

3. Unfavorable circumstances: The fact that there are three times of larceny criminal records, the fact that there is a windowpane in night, and that there is no criminal record exceeding the fine, and the fact that there is no criminal record in excess of the fine. The confession of the crime and the fact that there is no good character of the crime, the fact that all the damaged items were returned, the victim has returned all the damaged items, and there is no criminal record.

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