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(영문) 서울중앙지방법원 2017.10.12 2017고단5928
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence of heading 10 through 15 shall be confiscated.

Reasons

Punishment of the crime

The defendant, who is engaged in merchandise coupon trading business and has been in a transaction for about six months, knew that C has kept cash and merchandise coupons, etc. in the office of the victim, and he was aware that each transaction with the victim was made with the victim, reported the password of the credit cooperative that the damaged person was aware of.

around 05:00 on August 19, 2017, the Defendant: (a) installed a bridge prepared in advance in the office “E” office operated by the victim located in Jung-gu Seoul Special Metropolitan City D Building 201; (b) installed inside the outer wall of the office and opened it into the office with the windows attached to drinking windows; (c) opened a safe by dividing the secret number of the depository located therein; and (d) opened a safe by dividing the 50,000 won, 3,123, 2,640, 5,00 won, 64, 64, 1,00 won, 52 pages, 172, 100,000 won, 1,000 won, 50,000 won, 202, 50,000 won, 50,000 won, 50,000 won, 200 won, 42,2328,000 won, 4.20 won

They have been in possession.

Accordingly, the defendant stolen another's property by destroying part of the structure at night and by impairing the structure to which people can learn.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure, each photograph, each investigation report (the process of purchasing a bridge used for committing the crime, the process of using a siren for the purpose of leasing a siren), and the results of search during sunrise;

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

1. The scope of the recommended punishment on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of the recommended punishment] [the scope of the punishment] is the basic area (one year to two years] (special mitigation (special mitigation) / deadly weapons are carried, or it intrudes upon residence at night.

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