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(영문) 제주지방법원 2018.02.28 2018고단72
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

A seized one hand (No. 9) shall be forfeited from the defendant.

Reasons

Punishment of the crime

1. Special larceny;

A. On December 9, 2017, the Defendant: (a) around 04:57 on December 9, 2017, the victim D in Jeju City was placed in the “E” restaurant operated by the victim D; (b) opened a gate, opened a gate, opened a cafeteria, and opened a cafeteria, and opened a house into the cafeteria; and (c) opened a cafeteria, the market price, which is the victim’s possession, was kept in the air conditioning at the chill.

Accordingly, the defendant stolen another's property by destroying door at night and impairing a structure.

B. On December 17, 2017, at around 01:21, the Defendant: (a) opened a string door door, opened a door door in a restaurant operated by the victim G, and opened a restaurant into the restaurant; and (b) opened a string in which the victim owned by the victim, which was kept in the cooling house, owned by the victim; and (c) opened six strings of 9,000, the market price of which is equivalent to KRW 9,000.

Accordingly, the defendant stolen another's property by destroying door at night and impairing a structure.

2. On December 10, 2017, the Defendant: (a) around 04:00, the Defendant: (b) opened a cafeteria operated by the Victim J in Jeju city; (c) intruded into the restaurant; and (d) took part in the restaurant; and (c) took part in Samsung’s cell phone with one smartphone, the market price of which is equivalent to KRW 70,000, the victim’s market price located on the front line of the said place, and one cut off Samsung’s smartphone, the market price of which is equivalent to KRW 40,000,000, which is equivalent to KRW 400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, D and J;

1. Seizure records;

1. Application of each relevant photograph, each on-site photograph, and statutes;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning the facts constituting an offense;

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 (a) of the Criminal Act for the mitigation of small volume, and Article 55(1)3 (a) of the same Act, and the degree of damage to each mobile phone is not much much, but all mobile phones have been returned to the victim.

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