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(영문) 대전지방법원 2018.08.22 2017고단2354
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 8, 2017, at around 03:00, the Defendant came to a D construction site office managed by the Victim C in Daejeon-gu Daejeon-gu, Daejeon-dong, Daejeon-gu, and then damaged a mobile-style mold (e.g., a horizontal safety bridge) and intrudes into it, and then cut off one cuppedpedped in the place.

E. The market value of the victim, which was entered in another gyp, was cut off with 11 pieces, 11 pieces in the instant case, 6,580 won in total, and 6,580 won in the market value.

Summary of Evidence

1. Statement by the defendant in court (the first trial record);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (investigation of damaged articles);

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. A favorable circumstance is that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment is the first offender for sentencing, and the amount of damage is relatively small, and that the confession of and reflects the crime, etc. is more favorable.

However, the defendant shall be punished by imprisonment with labor, considering unfavorable circumstances, such as the fact that the crime is not good in the method of crime, the damage is not recovered at all, that the injured person wants to be punished by the defendant, and that his whereabouts is reduced without attending a trial from the date of the first trial following the date of the first trial.

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