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(영문) 수원지방법원 여주지원 2017.05.31 2017고단239
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 13, 2017 to December 22:35, 2017, the Defendant committed the crime against the victim C, at the E accommodation located in Gyeonggi-do, 23:23 on the same day, and around 23:23 on the same day, the Defendant: (a) invaded the windows of the first floor of the lodging and the office building into stone; (b) stolen the victim’s market value by putting three TV sets of KRW 2,00,000,000, total market value of the victim’s possession; and (c) by putting one b) and one b) and one f.h. car.

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

2. From January 31, 2017 to around 20:00 on the same day, the Defendant committed the crime against the victim G when he was at the victim’s house located in Gyeonggi Pung-gun H. From around 23:30 on the same day, the Defendant: (a) opened a toilet with a stone straw, opened a lock and intruded; (b) 1 LG TV 1,680,000 won at the victim’s market price owned by the living room and west; (c) 1,620,000 won at the market price; and (d) 3,10,000 won at the 5,00,000 won at the 1,680,000 won at the location and 1,000 won at the 5,000 won at the market price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to reporting on occurrence of larceny and reporting on occurrence of larceny;

1. Relevant provisions of the Criminal Act and Article 331 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the Protection and Observation (the scope of recommending punishment) [Article 62-2] The mitigated area of Article 62-2 of the Criminal Act on the general property [Article 62-4 of the Act on the Larceny [Special Mitigation] [Article 8-1 and 6] The defendant is not a victim of the crime, and the defendant is not a victim of the crime, considering the following circumstances: the defendant, who has been punished several times, including the crime of the same kind, committed several times, has committed the crime of this case; the defendant is not a victim of the crime.

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