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(영문) 대구지방법원 서부지원 2012.10.26 2012고단1033
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 7, 2012, at around 03:48, the Defendant, along with his name-free boxes (hereinafter “C”), was at the entrance of the DDDD branch in Daegu Metropolitan City, Daegu, on August 7, 2012, and the Defendant reported the network inside the E truck, and the name-free boxes (hereinafter “C”) went into the E trucking container to cut off the crime prevention decline of the said container, and intruded the said container, and loaded the said container into the E trucking container with a power generation season of the amounting to KRW 2,50,000, the market price of which is equivalent to KRW 1,50,000,000, KRW 1,50,000.

As a result, the Defendant stolen the victim’s property together with a person who has not been killed in his name (hereinafter “C”).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Grounds for the sentencing of Article 331(2) and (1) of the Criminal Act in relation to facts constituting a crime [decision of types] thief. General property - thief. General property - Where a person has intruded into a place other than an indoor residential space (type 4) - Where a person carries a lethal weapon, or where a person carries a dangerous weapon, or where a person carries a dangerous weapon, or where a building, etc. is invaded at night or at night (type 4) [decision on the recommended area] basic area / [decision on the recommended area] 1 to 2 years and six months (Adjustment by Law) [ extent of sentence] - Where there are two or more factors of mitigation - Where there are two or more factors of mitigation - (whether a person is suspended of sentence ] Where a person carries a dangerous weapon, or where there is no adverse weapon: A person who has committed night damage, intrusion of residence, or damage to night structure, etc.: A person who has failed to perform his/her social relation - Where there is no positive reason of sentence - one year or more.

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