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(영문) 서울북부지방법원 2020.05.27 2019고단4408
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 6, 2019, the Defendant: (a) came to a wing factory operated by the victim C in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) opened a back door where the victim’s creshion was not corrected; and (c) opened into the factory, and carried 2,000 won in cash owned by the victim in the margin; and (d) from the aforementioned date to September 23, 2019, the Defendant stolen property worth KRW 585,800, total market value by intrusion upon the building managed by the victims at night on five occasions, such as the list of crimes, from the above date and time to September 23, 2019.

2. On September 30, 2019, at around 01:05, the Defendant was in a wing factory operated by the victim C in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. Around 01:05, the Defendant: (a) opened back back the back locks using the draber that was in possession; (b) destroyed the glass door; and (c) opened into the factory; and (d) carried 13,500 won in cash owned by the victim and carried out the factory.

Accordingly, the defendant stolen another's property by destroying or damaging the door, the wall, and a part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to photographs at each scene of crime;

1. Article 331 (1) of the Criminal Act (a point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant committed several offenses, and the CCTV was stolen to conceal the crime, and the damage was not recovered.

On the other hand, the fact that the amount of damage is not high, that the defendant is the first offender who has no criminal power, and that the victim D does not want punishment is a favorable situation.

The defendant's age and age in the above circumstances;

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