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(영문) 수원지방법원 안양지원 2019.09.18 2019고단1295
특수절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 17:50 on January 6, 2019, the Defendant’s “D” written indictment in the victim C in Osan-si B is deemed to be a clerical error, and thus, it shall be corrected ex officio.

When it comes to the construction site operated, any person damages and intrudes into the lock-up equipment of container stuffs using any cres without any cres, and the defendant has been carrying the wheel wheel wheeler equivalent to 1.2 million won at the market price of the victim D owned by the victim, two wheel wheeler equivalent to 400,000 won at the market price, one filling Hander equivalent to 400,000 won at the market price, one briner equivalent to 50,000 won at the market price, one briner equivalent to 30,000 won at the market price, one 25,000 won at the market price, cable Q Q 1.50,00 won at the market price, four 90,000 won at the market price, and one 1,529,000 won at the market price at the victim E owned by the defendant.

Accordingly, the defendant destroyed door at night and intruded upon a structure that people receive, thereby thefting the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. E statements;

1. On-site photographs and reports on the results of field identification;

1. Investigation report (investigation on the characteristics and characteristics of the damaged goods);

1. Records of seizure and the list of seizure;

1. Investigation report (in other words, at night after sunset)

1. Application of Acts and subordinate statutes to report an investigation (to hear statements from a victim company);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of sentencing guidelines] - The mitigated area of category IV (the theft in August to June) for general property - Where intrusion is committed in places other than indoor residential space (the type four), no penalty is imposed - Where dangerous weapons are carried, or intrusion (the type four) is committed in the light of the method of committing crimes, the value and size of damaged goods, etc.

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