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(영문) 대전지방법원 서산지원 2017.09.21 2017고단197
특수절도
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On January 28, 2017, from around 07:07 to around 07:52, the Defendant: (a) went to the victim C’s house located in Jin-si, with the intent of having the victim out and out of the house to steal the property owned by the victim by going to the house through an open warehouse; (b) broken the above warehouse window using a pre-determined fluoring device, and entered into the warehouse; and (c) intrudes the glass window of the above house toilet connected to the warehouse so that the victim can enter the house, and then intrudes into the house, thereby impairing the glass window of the victim’s house, which is equivalent to KRW 400,00,000,000 in total, and KRW 40,000,00 in the market price, KRW 2,000,00 in total, and KRW 1,477,00 in the market price.

Accordingly, the Defendant, at night, stolen the property owned by the victim by destroying part of the structure owned by the victim and impairing the structure.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A protocol of seizure and a list of seizure;

1. On-site photographs, reports on the results of field identification, CCTV photographs, and photographs;

1. Application of investigative reports (related to the date and time of crimes (at night) to Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 (amount of damage, etc.) of the Criminal Act for mitigation of amount of punishment [the scope of recommending punishment] The basic area (one year to two years and six months) (the decision of sentence] is not restored to the basic area (one year to two years and six months) (the decision of sentence], but the sentence is not imposed in order to give an opportunity for agreement, and the sentence is determined as set forth in the order.

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