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(영문) 수원지방법원 2019.08.23 2019고단1420 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six 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. On November 26, 2018, the Defendant and B engaged in special larceny and building intrusion around 04:30 on November 26, 2018, at the E convenience point managed by the victim D in Silung-si on November 26, 2018. The Defendant reported the network, and the Defendant destroyed the correction device by flooding down the entrance of the above convenience point, and intruded into the above structure under the control of others, by inserting them into a bank prepared in advance, with 10 th, 1, 1, 1, 1, 1, and 1, etc., of the market price of the victim’s possession, which is the victim’s possession, and stored at the above convenience point.

2. On November 27, 2018, the Defendant and B, who entered a special larceny and structure, came into the convenience store around November 27, 2018, at around 11:49, when reporting the network, the Defendant: (a) opened the entrance door of the above convenience store that had already damaged the corrective device; and (b) intruded inside it; and (c) put in a bank prepared in advance for the victim’s possession, such as 30 locks, 1 wing paper, and 1 cans of drinking water, which are stored therein, into the bank, and stolen it, and intrudes into the said structure managed by others.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect against the defendant and B;

1. Application of D’s written statements, field photographs-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 319 (1), 30 (Influence of Residence and Selection of Imprisonment), and 331 (2) and (1) of the Criminal Act (influence of special larceny);

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

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

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

1. Special larceny, which steals another person's property with two or more reasons for sentencing in Article 62-2 of the Criminal Act, is a crime of which illegality is aggravated due to its collective nature. However, the defendant's involvement is relatively weak, damage is not much significant, and the defendant has no other penalty power, in addition to two times of a fine.

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