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(영문) 부산지방법원 2019.06.12 2019고단1256
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Busan District Court and four months of imprisonment for a violation of the Specialized Credit Financial Business Act, etc. on November 19, 2016, and completed the execution of the sentence in the Busan Correctional Institution.

On March 25, 2019, at around 01:50, the Defendant: (a) destroyed and intruded the door locks corrected in the “D cafeteria operated by the Victim C” located in Busan Jin-gu, Busan, to a non-facceptic tool; and (b) brought money and valuables equivalent to KRW 205,100,00, in total, of the market price of KRW 4,000, in cash located in the coffee machine; and (c) 4,000, in cash located in the coffee machine; and (d) if the market price of KRW 4,00,000, in total, was 5,000, and 7, in total, equivalent to KRW 205,100, market price of KRW 2,100.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. The police seizure record and the list of seizure;

1. Each site and photograph of damaged articles;

1. Previous convictions: Criminal records, investigation reports (verification of repeated crimes of suspects and reporting accompanying documents, etc. of the same kind of power), and application of each of the written judgments;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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