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(영문) 서울중앙지방법원 2016.10.27 2016고단5672
특수절도
Text

A defendant shall be punished by imprisonment for one year.

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

Defendant, who is engaged in daily labor,

1. On September 2015, in front of the “C” located in Jongno-gu Seoul, Jongno-gu, Seoul around September 2015: (a) destroyed the locking device of the above restaurant entrance and intrudes into the restaurant by using telecodings; and (b) thefted with one g of rice equivalent to 10,000 won at the victim D’s market price located therein;

2. A theft with 10,00 won of rice 2Kg at the market price owned by the victim D after intrusion at the place described in paragraph (1) at the beginning of November 2015, in the same manner as described in paragraph (1), and with a breath of rice equivalent to 10,000 won at the victim D;

3. A theft with a 15,00 Kg of rice equivalent to 15,00 won at the market price owned by the victim D after intrusion into the place described in paragraph (1) at the beginning of March 2016 in the same manner as described in paragraph (1), and with a c.5 Kg of rice equivalent to 15,000 won at the victim D;

4. A theft with 30,00 on June 10, 2016, by having 30,000 rice 6Kg g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g g,

5. Around 02:55 on June 11, 2016, when intrusiond at the places described in paragraph (1) by the same method as described in paragraph (1), and if the victim DNA owned a total of 50,000 won at the market price of 20,000 won, 30 Kg 1 g, and 15,000 won at the market price of 15,00 won at the same location, 20 g, which was 13,000 won at the market price, were stolen.

Accordingly, the Defendant, at night, destroyed a lock device, which is a part of a structure, and invaded on the structure, stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Records of seizure and the list of seizure;

1. Damageed articles and photographs of criminal tools;

1. Application of the Acts and subordinate statutes to a investigative report (CCTV investigation, etc.) and to photograph CCTVs;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

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

1. The suspension of execution is advantageous to Article 62(1) of the Criminal Act.

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