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(영문) 창원지방법원 마산지원 2019.06.25 2019고단363
특수절도등
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

1. On September 12, 2018, the Defendant: (a) around 02:24, the victim C in the north-gu B and upper floors at port, opened the entrance by force before the entrance of the “D” door operated by the victim C at port; (b) opened the door by force; and (c) opened the two CCTV lines in his/her hands to prevent afforestation; and (d) cut off the two lines of CCTV installed in the inside and opened the door by force; and (c) cut off the lines by drick to keep the cash, which was corrected by locks under the seat of the victim; and (d) cut off with one 50,000 won in cash owned by the victim.

2. On the same day as the preceding paragraph, at around 02:34, the Defendant: (a) committed a theft with cash of KRW 300,000,000, which was in the victim’s possession, by breaking the locks that were corrected in the room where the victim E resides in the place under the preceding paragraph, by hand; and (b) destroying and destroying them, and intrusion them.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. C’s statement;

1. Application of the investigation report (limited to the attachment of CCTV images on the surface of a motor vehicle and the time limit for CCTV errors);

1. Article 330 of the Criminal Act applicable to the crime (a point of larceny of night buildings) and Articles 331 (1) and 330 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for special larceny heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravated element of the larceny (type 4) (Special thief) (Special thief) for general property: In cases of carrying a lethal weapon, or in cases of night-time destruction, intrusion upon a human habitation, or night-time destruction, damage, structure, etc.

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