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(영문) 전주지방법원 군산지원 2019.02.15 2017고단730
특수절도등
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A defendant shall be punished by imprisonment for not more than ten 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

"2017 Highest 730"

1. On January 201, 2017, the Defendant: (a) was in front of the D, operated by the victim C around the following new walls: (b) cut the keys of the kitchen entrance by using a cutting machine prepared in advance; and (c) intruded into D; (d) was carried out with the goods equivalent to KRW 50,000,000 in the market price of the victim’s ownership; (b) one chi-type 1,000,000 won in total, and 1,70,000,000 won in the market price.

Accordingly, the defendant stolen the victim's property by intrusion upon the structure that people receive at night.

2. On January 31, 2017, around 02:30, the Defendant: (a) used a cutting machine prepared in advance to cut the keys of the office entrance; (b) intruded into the D office; and (c) did not discover any stolen object but failed to discover it.

As a result, the defendant tried to steals the victim's property by impairing the structure that people receive at night, but failed to discover it, and did not commit an attempted crime.

around 23:05 on July 19, 2017, the Defendant: (a) placed CCTV installed in front of the instant restaurant operated by the Victim F in Y in Hasan-si; (b) placed the CCTV in front of the instant restaurant as the Defendant’s clothes; (c) intruded the stack into the instant restaurant; (d) placed the victim’s opening feed owned by the victim in the restaurant; and (e) loaded the 76,000 won of the market value, such as the 4 Poter and the 2 Poter’s feed, kept in the restaurant.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A statement prepared by the F;

1. Domestic investigation report (as regards the time of video recording and suspect of the Cctv video images);

1. Application of Acts and subordinate statutes to investigation reports (community Ctv and photographs verifying damaged articles);

1. Criminal facts;

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