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(영문) 대전지방법원 논산지원 2017.07.21 2017고단327
특수절도등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Special larceny;

A. On August 2, 2016, around 21:00, the Defendant: (a) destroyed the door by inserting out the door door door of the warehouse owned by the victim D located in Seosan-si, and then invaded into the door by milching it; and (b) destroyed the door; and (c) stolen the first half of 18,000 won in total at the market price of CCTV owned by the victim and the first half of 18,00 won in total at the market price owned by the victim.

B. At the early 22:00, the Defendant: (a) destroyed the door by inserting the door door of the Victim F’s Housing Warehouse, inserting the dracker into the entrance of the warehouse located in E, and sucking into the door; (b) destroyed the door; and (c) stolen the door with one initial example equivalent to KRW 400,000,000 at the victim’s market price located therein; and (d) stolen the victim’s market price at the same place in the same manner at around February 14, 2017, at the same time, at the same time, at the same time, at an early stage of the example equivalent to KRW 400,000,000.

2. From February 14, 2017, the Defendant: (a) around 19:50 on February 14, 2017, destroyed the CCTV from the victim D-owned warehouse immediately adjacent to F immediately adjacent to the F’s warehouse to steals; (b) but (c) the Defendant got out of the door and destroyed the drick door; (d) when the security personnel of the guard company were called out, the Defendant attempted to flee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Photographs description (34,35 pages of investigation records);

1. A report on investigation (Attachment of on-site photographs);

1. Investigation report (Analysis and investigation ofCCTV video recording data);

1. Application of the police seizure protocol statutes;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Articles 342 and 331 (1) (the point of attempted special larceny) of the Criminal Act concerning the crime in question;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant committed the crime of this case again despite the fact that he/she had been punished for the same kind of crime.

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