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(영문) 광주지방법원 목포지원 2016.05.17 2016고단184
특수절도
Text

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

Around 01:40 on February 5, 2016, the Defendant: (a) destroyed and intruded the locking device of the instant game site in the “D” game site managed by the Victim C in Yong-gun, South Yong-gun; (b) destroyed and invaded the locking device of the instant game site; and (c) stolen 1,000 won of 20,000 won of franchis and 300,000 won of franchis and franchis, which were in the instant game site franchis and franchis and franchis; and (d) destroyed with 4,000 won of franchis, franchis and franchis, one of the two keyss of franchis and franchis, respectively.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to each investigation report (the list Nos. 7, 8, 13)

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment [the scope of the recommended punishment] on the basis of the sentencing guidelines, and the scope of the punishment [the scope of the punishment] on general property, where the area in which the punishment is mitigated (eight months to one year and six months) (special mitigation (special mitigation)] intrudes into any place other than indoor residential space (the four types), the case where any person carries a punishment non-permanently weapon / the case where any person intrudes upon residence damaged at night or any structure damaged at night, etc. (the four types);

3. The range of sentences compared with the sentences of punishment and recommendations: Imprisonment with prison labor for up to August 1st and up to June 1st;

4. Determination of sentence: Imprisonment with prison labor for ten months and suspended execution for two years, the crime of this case was committed by the defendant at night after the defendant prepared in advance the rejection of metal system at night, and then was stolen from the victim's property by damaging the structure and locking the structure, and by impairing the structure, which was disadvantageous to the defendant.

However, the defendant is charged with the facts charged in this case.

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