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(영문) 수원지방법원 안산지원 2019.09.18 2019고단2671
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 18:30 on June 19, 2019, the Defendant: (a) opened a prepaid cell phone in the “D” operated by the victim C located in Ansan-si, Seoul-si; (b) intruded into the aforementioned “D”, stolen the cell phone, sold it to others; and (c) sold it to raise cost of living.

Accordingly, at around 03:03 on June 20, 2019, the Defendant confirmed that there is no person in the store. After breaking the toilet window connected to the store into the toilet, destroyed the room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room of the total market price of 8,077,30 won displayed at the display room (market price of 1,562,00 won per market price-M-G973N512 unit of 1,556,50 won, market price of 1,56,500 won, 1,056, GM-G97NN6,100 won, 1,000 won, 1,506,309,794,705,700.

Accordingly, the Defendant, at night, destroyed a part of the structure and invaded on the structure, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes of specifications of transactions, such as photographs of the scene of the case, results of field fingerprinting, and suspect figures and temporary identification cards at the time of making a prior answer;

1. Article 331 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The same kind of criminal records are several times; circumstances favorable to the fact that the damage of this case was not completely recovered even though the amount of damage was not significant: the crime to raise living expenses; the location of intrusion is a place other than a residential space; the location of intrusion is low; there is no history of punishment exceeding a fine; and the amount of two months in this case.

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