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(영문) 수원지방법원 2015.05.21 2015고단1346
특수절도
Text

A defendant shall be punished by imprisonment for one year.

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

On March 21, 2015, at around 21:30, the Defendant:E operated by the victim D in Suwon-gu, Suwon-si, Suwon-si, by inserting an entrance kacker, destroyed the locking device, and found the locking cash by intrusion into the locking device, but did not find cash.

At around 23:55 on the same day, the Defendant: (a) taken a stolen object and found it again into the “E”; (b) intruded again through the entrance where locking devices are already destroyed; and (c) stolen one set of Not North Korea, the market price of which is 1.2 million won, which is the victim’s possession, located in the locker.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of damage from D;

1. Application of the Acts and subordinate statutes on the records of each case

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc. [Scope of Recommendation] 4 basic area (one to two years and six months) (special mitigation) / Where a person intrudes into a place other than an indoor residential space (type 4) / Where a person carries a deadly weapon, or where a person carries a deadly weapon, or where a person intrudes into a place other than an indoor residential space (type 4) / Determination of sentence / One year of imprisonment, two years of suspended execution (the fact that the defendant reflects the identity of the defendant, and the fact that the damaged article was returned to the victim, etc.)

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