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(영문) 광주지방법원 2015.11.26 2015고단3734
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On August 22, 2015, at around 02:28, the Defendant: (a) divided the entrance locks into the following, so that the repair cost of KRW 30,00,000, and intruded into the entrance locks, and (b) 1 box of an artificial snow in which the market price of the victim DNA owned by the kitchen is unknown; and (c) 1 juice of a molecular, where the market price of the victim owned by the kitchen, which was located in the kitchen, could not be known, was able to find out.

Accordingly, the defendant stolen the property owned by the victim by destroying the lock at night and impairing the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements of D;

1. Each internal investigation report and each investigation report;

1. Repair specifications;

1. Application of the Acts and subordinate statutes governing CCTV photographing photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of special larceny of this case by the defendant for the reason of sentencing under Article 62-2(1) of the Probation Criminal Act is deemed to have been committed by the defendant in light of the following circumstances: (a) it is inevitable to punish the defendant corresponding to such punishment in light of the following: (b) it is deemed that the defendant destroyed the entrance corrected at night and intruded upon the residence of the victim and

However, damage caused by larceny is minor. On October 13, 2015, after the date of the prosecution of this case, the defendant has agreed with the victim on October 13, 2015, which was the date of the prosecution of this case, that the victim is not subject to punishment (special scams), considering the fact that the defendant has no criminal records of the same kind, and other circumstances such as the defendant's age, character and behavior, environment, etc., the defendant has escaped from the lower limit of the punishment of category 4 (off to the mitigation area of category 4 (off to the theft) from among the theft against general property of the thie criminal group).

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