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(영문) 창원지방법원 밀양지원 2013.12.05 2013고단479
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. A special larceny Defendant: (a) around 00:15 on June 17, 2013, 2013, when the Victim C’s house located in B was closed down, opened up the entrance entrance, and intruded into the surrounding area, and carried out a total of 300,000 won at the market price owned by the victim located in the front line.

Accordingly, the Defendant destroyed door at night and intruded into a structure, thereby cutting down the victim’s property.

2. Violation of the Punishment of Violences, etc. Act (the destruction and damage, etc. of a deadly weapon, etc.) committed the act of cutting off the victim C’s property at the same time and place as the above paragraph (1), and discovered the difference of freight owned by the victim who was parked at the same place, as in paragraph (1) above, and discovered the difference of freight owned by the victim who was parked at the same place, and caused the above cargo to be cut off by the 30,000 won of the market price due to the b

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Report on investigation (Attachment of photographs of damaged articles);

1. Investigative report (Attachment of photographs of criminal implements), investigation report (as to confirmation of the amount of damage caused by the destruction of property);

1. Application of Acts and subordinate statutes on photographs and receipts of damaged areas;

1. Article 331(1) of the Criminal Act applicable to the crime, Article 331(1) of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act concerning the crime;

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

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

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

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