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(영문) 대전지방법원 천안지원 2019.02.22 2019고단54
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

While the Defendant was living without a certain occupation and residence, he thought that he had previously been living in the “D” restaurant operated by the victim C, who had been living together by the Defendant, and stolen cash, thereby raising living expenses. On October 29, 2018, around 04:57, the Defendant opened a wooden window in front of the above restaurant and entered it into the said restaurant by hand, and 30,000 won of cash owned by the victim and 300,000 won stored in the said simple credit cooperative from that time to December 19, 2018, and stolen property in total seven times in total, as shown in the list of crimes, and infringed on the residence of others.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. Confirmation of identity of the thief;

1. A photograph of each CCTV image or CCTV image to be cut;

1. Application of Acts and subordinate statutes to report internal investigation (on-site CCTV verification - intrusion surface), investigation report (the statement of damaged articles), investigation report (the amount of hand-on loss of damaged articles specified in the relevant Acts and subordinate statutes);

1. Article 331(1) of the Criminal Act applicable to the facts constituting an offense (the point of larceny of a structure which causes damage at night), Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act (the point of larceny at night), Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act; the

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

1. The reason for sentencing suspended sentence is that the nature of the crime in light of the background, method, frequency, number of victims, etc. of each of the crimes in this case. Meanwhile, considering the fact that the defendant led to confession and reflects each of the crimes in this case, the total amount of damage is not significant, the defendant agreed smoothly with most victims, there is no criminal record against the defendant, and the defendant sent time for the crime under the restraint of this case, and all other circumstances revealed in the records and arguments in this case, the punishment shall be determined as ordered.

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