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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1713
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

While the Defendant operated a water collection business, he was able to steals plastic set owned by another person.

1. On May 17, 2017, at around 20:00, the Defendant: (a) was sexually agricultural cooperatives with the victim sexual intercourse 76, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) and (c) was stolen by carrying 2 Plast 1,20,000 won in total at the victim’s market price owned by the Defendant.

2. On May 28, 2017, at around 00:15, the Defendant: (a) was in front of the factory called “D” located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu; (b) opened a lock door several times to cut the hacks; and (c) laid down five plastic softs in total amounting to KRW 300,000,000 in the market price owned by the Korean victim Part pool Co., Ltd., Ltd., which was located in the said “D” parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Photographs, data, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (the owner and the amount of damage);

1. Relevant provisions of the Criminal Act and Article 331 (1) of the Criminal Act (the point of special larceny) and Article 329 of the Criminal Act (the point of intention and the choice of imprisonment with prison labor) concerning criminal facts;

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. A crime for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for the reason of sentencing [the scope of recommending punishment] Class 1 of the Punishment Act for the general property [the scope of punishment] [the scope of punishment] under Article 55 (1) 4 of the thief for the theft and intrusion upon general property] [the person subject to special mitigation] under Article 4 of the Punishment Act / [the person subject to special mitigation] where he intrudes into a place other than indoor residential space (the person subject to punishment]; a crime under Article 5 (4) of the Punishment Act; a crime under Article 2 of the thief for the theft of general property [the scope of recommending punishment] under Article 2 of the mitigated area (the general larceny between April and October) [the person subject to special mitigation] under Article 55 (1) 1 of the Punishment Act; the scope of final sentence due to the aggravation of punishment for the majority who is not subject to punishment for the same kind of crime even though he/she was subject to the same criminal punishment for the same type of crime.

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