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(영문) 대구지방법원 김천지원 2013.12.12 2013고단1318
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2012, the Defendant was sentenced to imprisonment for 8 months or 2 years of probation in the Busan District Court due to night, intrusion, theft, etc., and the judgment became final and conclusive on February 23, 201, and is currently under suspension of execution.

【Criminal Facts】

1. At around 13:00 on July 2013, the day when the date of mid-to-date is unknown, the Defendant: (a) took advantage of the gap in which the victim F, an employee, was consulted with other customers by the victim F, who was an employee, about the repair cost of a mobile phone at the E branch located in Gumi-si, Sinsi; (b) took advantage of the gap in which the victim was able to communicate with other customers; and (c) took advantage of the gap in which the victim’s market value on the tables was 890,000 won.

2. On September 28, 2013, at around 04:49, the Defendant: (a) had been in possession of the victim H in Gumi-si G for the first time in the G Hall; (b) had damaged the electronic locking system of the said pawning door by attaching it to it; and (c) had intruded into it; and (d) had inflicted a theft of KRW 357,000 in cash owned by the victim on the part of the body of the computer at that location.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement;

1. Police seizure records, list of seizure and photographs of the scene of seizure;

1. Photographs of the suspect, CCTV photographs, CCTV photographs, and the details of transactions of the suspect;

1. The details of transactions of the pawned Art and the theft smartphone;

1. A report on investigation (for the amount of damage);

1. Previous records of judgment: Application of criminal records, inquiry reports, written judgments, and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that allows the choice of punishment, Articles 331 (1) and 330 of the Criminal Act (a thief who intrudes upon a structure after night destruction and damage);

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

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

1. Reasons for sentencing of Article 48 (1) 1 of the Criminal Act [decision of type] Special larceny: thief theft against general property.

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