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(영문) 창원지방법원 통영지원 2017.02.03 2016고단1894
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Criminal Records] On September 23, 2016, the Defendant was sentenced to a suspended sentence of two years for a special injury at the Ulsan District Court on October 1, 2016, and the judgment became final and conclusive on October 1, 2016.

[Criminal facts]

1. On June 5, 2011, the Defendant, on June 5, 2011, committed the crime, at around 01:00 Scamb around 01:00, destroyed the cement block structure around the “D” stores for adult goods in operation of the victim C, which were in front of the “D” stores for the management of the victim, and cut off the entrance glass, and then intruded into the said structure, and then cut off the property of the victim and the victim, with approximately KRW 1,00,000,000 in total market price of approximately 8,000,000 won for men’s self-help equipment in total, approximately 5,000,000,000 won in market price, and about KRW 4,00,000 in total market price.

2. On September 6, 2011, the Defendant: (a) placed around the place specified in paragraph (1) around 02:00 on September 6, 201, 201; (b) laid off the doors of the place; and (c) cut off the entrance door; and (d) then intruded into the display stand, 15 women’s self-defense organizations in an amount equivalent to the total market price of KRW 2,00,000,000 in total, KRW 30,000,000,000 in the market price; (b) cut off the victim’s property, with approximately 30,000 pantyty in total at the market price of KRW 3,00,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each on-site photograph, internal photograph, request for appraisal and response to a request for appraisal;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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

1. After Article 37 of the Criminal Act, Article 39 (1) 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 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Act on Reduction of Small Amount of Punishment (the victim is not punishable, the victim does not have any criminal record for the same kind of crime,

to take into account the circumstances such as the point;

1. It is so decided as per Disposition on the grounds that Article 62(1)(the above grounds) of the Criminal Act is not less than 62(1).

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