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(영문) 인천지방법원 2020.01.15 2019고단7077
특수절도등
Text

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

However, 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

1. Special larceny;

A. From around 03:14 on September 17, 2019 to 03:22 on the same day, the victim D’s “E” restaurant managed by Seo-gu Incheon, Seo-gu Incheon Metropolitan City, left the main window by cutting up the brick, cutting down the lock door, and intruded the lock door, thereby cutting up KRW 316,50,00 of the cash owned by the victim at the small credit cooperative of the first floor knife, and cutting down the lock door.

B. At around 01:30 on October 1, 2019, the victim B, operated by the Seo-gu Incheon Metropolitan City F, laid a brick on the window of the second floor treatment room, cut down the lock door, cancelled the lock door, and intruded into the carter credit cooperative, leaving approximately KRW 140,000 in cash and stolen.

2. Around 00:59 October 1, 2019, the “J” managed by the victim I in Seo-gu Incheon Metropolitan City, Seo-gu H, was attempted to steal money and valuables from the first floor carper, but the intention was not achieved due to the impossibility of discovering stolen money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement set forth in D, I, and B;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Articles 331(1) and 330 of the Criminal Act, Articles 342, 331(1), and 330 of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Sentencing criteria;

(a) Class 1 (Special thief) thief (Special thief) thief (Special thief) thief (Special thief) thief) thief (Special thief) thief) thief (Special thief) : Where a person carries a deadly weapon, or intrudes into places other than indoor residential space: In cases of taking a deadly weapon, or in cases of intrusion, such as night-time damage, residential intrusion, or night-time damage, structure, etc

(b) Class 2 thief (special larceny [Determination of type] thief (general property].

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