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(영문) 서울북부지방법원 2020.06.17 2020고단1434
특수절도
Text

A defendant shall be punished by imprisonment for one year.

A small tape, etc. seized shall be confiscated (No. 1).

Reasons

Punishment of the crime

On April 8, 2020, the Defendant: (a) around 02:21, the victim C in Dongdaemun-gu Seoul Dongdaemun-gu managed by the victim C, thereby destroying KRW 360,000 of the repair cost, such as the radio rampers and locking equipment, so far as it is hard by using hand and fire, and intrudes into the said rupture through an open entrance, and cut off with one simplified safe consisting of KRW 6,001,270 in cash installed at the rupture.

Accordingly, the Defendant destroyed door at night and invadedd the structure that the victim can receive, thereby cutting down the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Each investigation report on seizure records and list of seizure records; 1. Each investigation report (verification of intrusion and theft of a suspect, verification of theft and habits of a suspect, face-to-face removal from the suspect's site, specific amount of damage, entrance and exit, the condition of destruction

1. Application of each Act and subordinate statute to photographs, seized articles, field photographs, and on-site CCTV images related to damaged articles;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of recommendations on the sentencing criteria [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for intrusion into places other than indoor residential spaces: In cases of intrusion into places other than indoor residential spaces, the factors of aggravation: Imprisonment with prison labor for one year to two years (basic area).

3. The crime of this case committed by the Defendant, who was sentenced to a suspended sentence for one year, due to special larceny, etc. at the Seoul Central District Court around May 2019, committed the crime of this case without being among those who were under suspended sentence, for whom the judgment became final and conclusive, by being sentenced to two years of a suspended sentence for one year, due to a special larceny, etc.

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