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(영문) 부산지방법원 서부지원 2018.11.23 2018고단1697
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2018, at around 04:42, the Defendant: (a) opened “D” fishing goods stores operated by the victim C in Busan Northern-gu B; (b) opened the toilet window in his/her hand; and (c) went into the display site with a watch installed in advance by intrusion; and (d) opened 6,650,000 the total market price of the victim’s possession, which was displayed at the same time, 10 fishing markets.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. C’s statement;

1. Reports on theft occurrence, reports on results of field identification, and reports on genes;

1. A protocol of seizure and a list of seizure;

1. Each investigation report (in relation toCCTV images, damaged materials, and specification of the suspect, etc.);

1. Application of each statute on photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. The community service order under Article 62-2 of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the basic area (one year to two years) of the theft of general property - Where a special mitigated person intrudes into a place other than an indoor residential space (the type four types) / Where a dangerous weapon is carried in any place other than an indoor residential space, or where a special aggravated person intrudes into a residential place or a structure, etc. (the type four types), such as intrusion into a residential place or night-time damage;

2. The circumstances are recognized, such as the fact that the Defendant’s decision on the sentence of punishment was pened in depth, the fact that a majority of the thefts of this case were returned to the victim, etc., and that they were the first offender with no criminal history, etc.

Based on these circumstances, all elements of sentencing such as the background leading up to the instant crime, the means and consequence of the instant crime, the circumstances after the crime, the degree of actual damage, and the age, sex behavior, environment, family relationship, and social ties.

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