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(영문) 수원지방법원 평택지원 2015.10.22 2015고단1293
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2015, from around 02:00 to 03:00, the Defendant: (a) committed a crime prevention window by using a cutting machine to damage it; and (b) entered the said gar, thereby having a tobacco amounting to KRW 3.150,000,000, in the market price of the victim’s possession in the display stand and a cash amounting to KRW 3.150,000,000, in cash owned by the victim in the use of the cutting machine.

2. On August 21, 2015, from around 02:00 to 03:00, the Defendant intruded into a H restaurant operated by the victim G in Pyeongtaek-si F, and did not correct it through the toilets window operated by the victim G, and subsequently, 150,000 won in cash, which is the victim’s possession on the display stand, of a tobacco amounting to 6.850,00 won at the victim’s market price on the display stand, and 150,000 won in cash, which is the victim’s possession on the wall, and was stolen

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. Photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 331 (1) of the Criminal Act (a point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act for the sentencing of Article 48(1) of the Confiscation Act, crimes No. 1 [the scope of recommending punishment] for general property 4 types (special mitigation) (special mitigation (special mitigation (special mitigation) 8 to 1.6 months) for the mitigated area (special mitigation) for general property ; (4) for intrusion upon places other than indoor residential space (special mitigation) for the non-permanent residential space; (4) for the crime committed in violation of Article 48(1) for the non-permanent residential space; or for the crime No. 2 for the violation of Article 48(1)1 of the Confiscation Act / [the scope of recommending punishment] for general property / for the theft in violation of Article 48(4) for the special mitigation area (special mitigation area) (4 to 1.6 months); and for the aggravation of majority of the non-permanent

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