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(영문) 서울중앙지방법원 2019.10.15 2019고단4433
특수절도
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On June 3, 2019, the Defendant: (a) around 03:56 on June 3, 2019, entered “D” in the operation of the Victim C located in Gwanak-gu in Seoul Special Metropolitan City on the part of the victim; (b) removed and intruded the back door wall by putting the victim’s cash 150,000 won, which was located below the entrance pricing stand.

Accordingly, the defendant stolen the victim's property by damaging the door, the wall, and a part of the structure at night, and impairing the structure that the victim can receive.

2. On June 14, 2019, the Defendant: (a) around 23:15 on June 14, 2019, came to “G” in the operation of the Victim F in Gangnam-gu Seoul, Seoul; (b) opened the wall wall of plastic material in front of the victim’s leaving the wall in two hands by using the cresh accumulated by the victim; and (c) opened the wall in front of the entrance, and intrudes into the wall; and (d) put 15,000 won in cash owned by the victim in front of the entrance and 300,000 won in the market price owned by the victim in front of the entrance.

Accordingly, the defendant stolen the victim's property by damaging the door, the wall, and a part of the structure at night, and impairing the structure that the victim can receive.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of CCTV reports (a CCTV image inside and outside of a place of occurrence) and field photographs-related Acts and subordinate statutes;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 (Determination of Punishment) (Special thief) (Special thief). thief (Type 4) intrusion larceny (Special duf) mitigated element: Aggravating element where a person intrudes into any place other than an indoor residential space:

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