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(영문) 서울서부지방법원 2014.07.02 2014고단480
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. A special larceny: (a) around January 29, 2013, the Defendant: (b) destroyed the front door door door at the victim C’s main points located in the Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu)’s 3rd floor by using a shot tool; (c) destroyed the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and (d) invaded into the front door, and stolen the cash owned by C and stored in cash.

2. From October 20, 2013, around 04:10 on October 20, 2013, the Defendant: (a) opened a string door door door, which was kept in front of the main shop at the victim F G main office located in Seodaemun-gu Seoul, Seodaemun-gu’s 3rd floor, and intrudes into the main office; and (b) stolen the victim H’s 4 smartphone-phone and the 500,000 cash owned by the Defendant, which was kept in cash at the 3rd floor of Seodaemun-gu, Seoul, with the amount of KRW 70,000,000,000 in KRW 50.

3. On October 20, 2013, the Defendant attempted special larceny: (a) around 04:40 on October 20, 2013, at K restaurants operated by Seodaemun-gu Seoul, Seodaemun-gu, Seoul, in order to damage the front door door door, and to search for goods to be stolen by intrusion into a restaurant, and then was discovered to the J, who was withdrawn from rest there, and did not commit attempted crimes.

Accordingly, the Defendant attempted to steal another person's property by destroying gates, etc. at night and impairing a structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each statement of F and C;

1. Police seizure records;

1. A written appraisal;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 331(1) of the Criminal Act applicable to the relevant criminal facts, Article 330 of the Criminal Act, and Articles 342 and 331(1) of the Criminal Act concerning the criminal facts;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows, and the arguments of this case are shown in the circumstances, the age, character and conduct, environment, etc. of the defendant.

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