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(영문) 수원지방법원 평택지원 2016.12.28 2016고단2616
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 27, 2016, the Defendant: (a) obtained a galthal ju S5 smartphone equivalent to KRW 600,00 in front of Pyeongtaek-si C on July 27, 2016; (b) obtained one galthal lus of the lost market price of KRW 600,00,000 from the victim E; and (c) took the thought of the Defendant to have it, without going through necessary procedures

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. At night, the Defendant: (a) around 03:00 on August 5, 2016, at night, was in front of the restaurant operated by the Victim G in Ansan-si F; (b) opened an unlocked window and opened the Kacter’s safe by intrusion into it; and (c) opened a 100,000 won check in that area; (d) KRW 2,50,000 on KRW 10,000 on KRW 10,000 on KRW 1,50 on KRW 10,000 on KRW 80 on KRW 1,50.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

3. On August 23, 2016, the Defendant was in front of a restaurant operated by the victim I located in Pyeongtaek-si H on August 23, 2016. Around 02:03, the Defendant: (a) laid down vinyl tents and shock nets, etc.; and (b) went into possession of a safe with cash of KRW 10,000,000.

Accordingly, the defendant stolen property by destroying and impairing part of the building managed by the victim at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Written statements of victims;

1. Police seizure records;

1. Each police investigation report;

1. Application of the Acts and subordinate statutes to each photograph (for example, pen page, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 360(1) of the Criminal Act that allows the choice of punishment (the point of embezzlement of stolen objects, the choice of imprisonment), Article 330 of the Criminal Act (the point of larceny of night buildings), and Article 331(1) of the Criminal Act (the point of special larceny);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing (a judgment on the application of sentencing criteria) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is for intrusion theft among the theft crime group of O general property (type 4).

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