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(영문) 수원지방법원 평택지원 2016.08.10 2016고단834
특수절도등
Text

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

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

1. On May 30, 2008, at around 02:00, the Defendant: (a) was a cosmetic operated by the victim C on the second floor of apartment commercial building located in Pyeongtaek-si B of Gyeonggi-do; (b) destroyed the glass of the entrance; and (c) opened a wireless telephone device equivalent to KRW 60,000 at the market price of the victim, who was inside the entrance, owned by the victim.

Accordingly, the defendant stolen another's property by destroying or damaging the door, the wall, and a part of the structure at night.

2. On August 19, 201, the Defendant: (a) around 01:00 on August 19, 201, at night, went in front of the second floor of the Gyeonggi High School located in the Eup’s middle school among Pyeongtaek-si in Gyeonggi-do; (b) opened a window and intrudes into the school room into the school room; and (c) went in front of the market price of the victim E, who was in the custody of the air space on his/her book, owned by the victim E, with KRW 2,00,000,000 in cash.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

3. The Defendant: (a) around 00:00 on January 17, 2014, the victim G in Pyeongtaek-si F of Gyeonggi-do was fluenced at “H”; (b) opened a vinyl covering the outside of the window dressing point; and (c) cut off the victim’s property by taking advantage of the victim’s 60,000 won in total of the market price of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning the victim G;

1. Each written statement of the victim C and E;

1. Each police investigation report;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to each photographic;

1. Relevant legal provisions concerning criminal facts, Articles 331(1), 330 (Special thief) of the Criminal Act, Article 330 of the Criminal Act (the thief) and Article 329 of the Criminal Act (the thief who intrudes upon a building in the field), Article 329 of the Criminal Act (the thief, the stief, and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Protective observation and community service order;

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