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(영문) 인천지방법원 부천지원 2020.04.10 2019고단2809
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 21, 2019, at around 02:08, the Defendant: (a) fell into the “Omatet” of the victim C’s operation in Bupyeong-si B; (b) teared the tent installed in the above marina outdoor with a knife with a knife; and (c) cut off the knife by inserting the hand into a tent, thereby causing a theft of one 1,00 won at the market price.

2. On June 29, 2019, the Defendant: (a) at the place indicated in paragraph (1) around 01:42; (b) at the location indicated in paragraph (1); (c) at a chlost, the tent installed in the above mate outdoor with a knife with a knife, cut off the knife with the hand in the tent, thereby resulting in a theft of 1,00

3. On July 3, 2019, at around 00:56, the Defendant: (a) cut the ceiling of the tent installed in the above mate outdoor in a knife, cut the chlost, and cut off the chlost of 2,00 won at the market price by inserting the hand into the tent.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. A photograph of the head of the crime (the crime as of June 21, 2019), a photograph of the closure of the suspect's moving site, a photograph of the closure of the additional crime scene (the crime as of June 29, 2019) and a photograph of the CCTV caps (the crime as of July 3, 2019).

1. Sacker-kack photographs;

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Report on occurrence of a theft;

1. Ascertainment of the details of each internal investigation report, on-site inspection, on-site inspection, and video recording records of each on-site surveillance camera;

1. The application of each investigation report (the confirmation of the video recording records of the crime prevention camera, the confirmation of the movement before and after the crime of the suspect, the confirmation of the parking/stopping control camera and additional movement, the confirmation of the video recording records of the sports complex surveillance camera, the attachment of photographs by cutting off the additional crime scene, the confirmation of the suspect's face-to-third criminal scene, the attachment of CDs, the attachment of CDs, and the attachment of photographs by cutting off the suspect at the third criminal scene);

1. Article 331 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The recommended sentence according to the sentencing criteria; and

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