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Reasons
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(영문) 대구지방법원 김천지원 2016.04.07 2016고단186
특수절도
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A defendant shall be punished by imprisonment for six months.

A rash (No. 1) after a seized hand, etc. shall be confiscated.

Reasons

Punishment of the crime

On February 6, 2016, at around 03:30, the Defendant: (a) removed the windows of toilets installed on the left side of the said marina in his hand; (b) entered a passage connected to the marina through the toilet in his hand; (c) destroyed the correction devices, such as the contact part in the said emergency inquiry, and intruded into the said mate, thereby destroying the correction devices; and (d) invaded into the said mate, the amounting to KRW 1,350,000 of tobacco equivalent to KRW 120,000, market price of which is KRW 8,000, KRW 120, KRW 12,000, KRW 12,000, KRW 100, KRW 150, KRW 50, KRW 100, KRW 50, KRW 150, KRW 50, KRW 50, KRW 150.

Accordingly, the defendant stolen the victim's property by destroying the door at night and impairing the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records;

1. A report on the results of field identification;

1. On-site photographs, CCTV images, arrest sites, photographs of damaged articles, and photographs of seized articles;

1. Application of Acts and subordinate statutes to each investigation report (with respect to the volume and price of tobacco damage, the verification of the price of goods damaged by 1,12,13 of the certificate, and the entrance damaged by the person under consideration);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Six months to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. Reduction factors of the sentencing guidelines [the scope of recommendations] applicable to the theft against general property: From June to June of the term of imprisonment (the scope of the final recommendation] to June of the term of imprisonment (the lowest limit of the applicable punishment in law) where a person intrudes into places, other than an indoor residential space (the scope of the recommended punishment].

3. The defendant who is sentenced to a fine shall be punished by larceny.

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