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(영문) 춘천지방법원 강릉지원 2013.07.04 2013고단228
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

At around 02:00 on March 8, 2013, the Defendant used the walls around Gangnam-si, the victim D (n, 58 years of age) in the E convenience store operated by Gangnam-si, and opened and intrudes the locks locked by putting the hand in the order of the entrance, and then opened and intrudes the locks. Within the above convenience store and convenience store, the Defendant used approximately KRW 770,000 in cash owned by the victim, KRW 10,00 in tobacco amounting to KRW 25,00 in the market value, and KRW 1220,00 in a paper room prepared for the property of KRW 120,00 in advance, such as foodstuffs.

Accordingly, the defendant, at night, stolen the victim's property by destroying and impairing the windows which are part of the victim's residence.

Summary of Evidence

1. Statement of the defendant in court, statement of the police about 1 and D;

1. Confirmation of fingerprints identity of theft cases;

1. Report on the results of field identification;

1. On-site photographs;

1. An appraisal report;

1. Investigation report (related to fingerprinting inside the field);

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to investigation reports (related to the results of appraisal replies);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for not less than six months - five years;

2. Scope of recommendations on the sentencing criteria: thief group, larceny for thief group, intrusion theft for general property (special spacters): Reduction factors: Imprisonment with prison labor for up to eight months and one year and six months; and

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than ten months and there is no record of criminal punishment for two years (the grounds for the suspension of execution). It is so decided as per Disposition on the grounds of not less than such consideration as the source of punishment and the defendant suffering from mental illness;

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