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(영문) 창원지방법원 밀양지원 2020.05.14 2019고단524
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Night-time theft of buildings;

A. On September 14, 2019, the Defendant committed the crime of September 14, 2019: (a) came into and entered a restaurant operated by the Victim C located in Syang-si around the new wall, and then cut off the back of the first floor that was not corrected; (b) and then, (c) the owner of the victim who was kept on the second floor of the second floor (the same shall apply to KRW 1,430 per disease; hereinafter the same shall apply); and (d) the owner of the victim, who was the victim’s possession, arbitrarily cut off the 1,350 disease (the same shall apply 1,350 won per disease; hereinafter the same).

B. The Defendant committed the crime committed on September 16, 2019, supra around September 16, 2019.

At the same place as the entry in the port, the victim, who is the victim's possession on the second floor in the same manner as the foregoing, was stolen by arbitrarily taking away the 1 disease and 6 disease of beer.

Accordingly, the defendant invadedd another person's property at night, and stolen another's property.

2. Special larceny Defendant around September 20, 201:0 03:30 square meters

1.(a)

At the place indicated in the port, the glass window (a 70 cm, length 180 cm) located on the right side of the first floor of the building was destroyed by a fire, damaged by brick, and entered into the gate, and then cut off the 4 disease, beer 2 disease, which was kept on the second floor of the building, and cut off the 3 disease, beer , and beer 1 disease, which was the victim's possession, by inserting them into the bank possessed by the defendant, at around 06:30 on the same day.

Accordingly, the defendant stolen another's property by destroying part of the structure managed by others at night and impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, records of seizure, lists of seizure, and seized photographs;

1. The application of Acts and subordinate statutes to the result of an appraisal of the scene of crime, and a gene appraisal report;

1. Relevant Articles 331(1) and 330 of the Criminal Act concerning facts constituting an offense, Article 330 of the Criminal Act, Article 330 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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