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(영문) 서울북부지방법원 2018.02.21 2017고단3676
특수절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2017, at around 02:45, the Defendant cut the entrance door to cut off and intruded into a summary warehouse "D" operated by the victim B in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with approximately KRW 660,000,00 of the market price owned by the victim who was on the top of the summary box, and stolen the entrance, and approximately KRW 20,000,000,000,000.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure managed by the damaged person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Police seizure records and list of seizure;

1. Application of statutes on field photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 333(1) of the Restitution of Criminal Procedure Act does not exceed the amount of damage on the grounds of sentencing and appears to have been returned to the victim due to the seizure of damaged articles, the defendant's age, sex, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the following factors:

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