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(영문) 서울동부지방법원 2018.10.04 2018고단2337
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2018, the Defendant: (a) around 05:00 on June 7, 2018, 2018; (b) around 05:00, the Defendant destroyed the storage correction device in the inner part of the store in Songpa-gu Seoul, Songpa-gu, Seoul, to damage the storage correction device in the inner part of the store; and (c) damaged the storage device in the inner part of the store and stored in the warehouse and brought about a total of KRW 125,00 in the market value of the injured-type 25,00.

Thus, the defendant, at night, destroyed the correction device of the structure managed by the above victim, and intruded into the above structure, and stolen the victim's things.

2. On June 8, 2018, the Defendant: (a) extracted the above “E” type from around 04:30 on June 8, 2018, the Defendant: (b) destroyed the correction device of the inner warehouse in the same manner; and (c) invaded the warehouse into the warehouse; and (d) brought about KRW 15,000 on the three-type market prices owned by the victim, which were kept in the storage.

Thus, the defendant, at night, destroyed the correction device of the structure managed by the above victim, and intruded into the above structure, and stolen the victim's things.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation into CCTV around the scene;

1. Article 331 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The following circumstances are considered: The fact that a warehouse correction device is removed at night and intrudes into the warehouse and thus commits a theft of goods is highly dangerous: The fact that the amount of damage is not significant and that the victim has agreed smoothly with the victim, the fact that there is no criminal record for the same kind of crime, and other conditions for sentencing specified in pleadings, such as the defendant's age, sex, motive, means and consequence of the crime, circumstances after the crime, etc.;

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