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(영문) 청주지방법원 2018.07.05 2018고단854
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

The Defendant pays 70,000 won to the applicant for a theft.

Reasons

Punishment of the crime

1. On December 31, 2017, the Defendant: (a) intruded the instant 4th floor of the building through an open door, which was not set up in Cheongju-gu D, Cheongju-si; (b) invaded into the said 4th floor of the building; and (c) stolen the said building with a 7th class rade, which could not know the market price managed by the victim F, who was located in the new site of the building.

2. The Defendant, at around 13:50 on February 10, 2018, take back the 30,000 won at the market price, which is the victim H owned by the victim, who is a thing delivered by means of the mail in the apartment corridor G corridor-gu Seoul Metropolitan City, Chungcheongnam-gu, and is a thing distributed by means of the mail in the seat.

L. A. L. theft was committed.

3. On March 4, 2018, at around 02:47, the Defendant: (a) committed theft with 10 square meters equivalent to KRW 70,00 of the market price of the victim C-owned plastic bags, which were contained in the instant plastic bags, which had been extracted from the instant plastic bags, and was cut off by drinking glass of the corrected entrance at “J” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) intrusion into the said plastic plastic bags; and (c) thefted with 10 square meters of the market price of the victim C-owned plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement or a damage report (Nos. 2, 23, 25, 26, 27, No. 27);

1. Each protocol of seizure, each list of seizure, and photographs of seized articles;

1. A photograph of each on-site CCTV course;

1. Application of Acts and subordinate statutes to each investigation report or internal investigation report (the list of evidence Nos. 3, 7, 9, 10, 11, 13, 20, 21, 22, 35, 36, 37, 38, 40);

1. Relevant legal provisions concerning facts constituting an offense, Article 331(1) of the Criminal Act (the occupation of special larceny), Article 330 of the Criminal Act (the occupation of larceny) and Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act) of the same Act;

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. Article 25 (1) 1, Article 31 (1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the part exceeding the amount of damage under paragraph (3) of the facts constituting an offense as indicated in the holding is inappropriate to be determined in the criminal procedure as the scope is not clear);

1. Reasons for sentencing.

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