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(영문) 수원지방법원안양지원 2020.11.26 2020고단1461
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 of the final judgment.

Reasons

Punishment of the crime

The defendant got a life due to the lack of a certain income, and the defendant had intruded into the victim D office in Gyeonggi-si, which had previously worked as an employee, and stolen money and valuables to use them as living expenses.

On July 4, 2020, from around 01:42 to around 05:53, the Defendant opened a door that was not corrected as a warehouse adjacent to the above office, and cut off and stolen the walls connected to the above office in the order of the next page with the walls connected to the office, and intruded into the above office, with the victim’s market price of KRW 1,50,000 (NT760-XBV), and with the amount of KRW 1,40,000 (13Z980-G50K) equivalent to the market price of KRW 1,00,000 (10,000) and with the digital camera, market price of KRW 5,00 (USB), 500,000 (5,00).

Accordingly, the Defendant destroyed part of the wall at night and intruded on the structure managed by the victim and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of a theft;

1. On-site photographs;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was denied his/her residence, and that he/she was punished by a fine of KRW 700,000 for the same kind of crime in 2017 and was not recovered from damage.

However, the defendant has no record of being sentenced to more severe punishment than fines, and the reason why the crime was committed or the place where the crime was invaded is a place, other than indoor residential space, shall be determined as the sentence as ordered in consideration of the circumstances.

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