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(영문) 의정부지방법원 고양지원 2019.10.24 2018고단2698
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 Defendant: (a) destroyed door at night and invaded upon a structure managed by the victim B; and (b) stolen property owned by the victim.

On August 29, 2018, the Defendant, around 02:25 on August 29, 2018, had a door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-door door-to-face door-to-face door-to-face door-to-face, and intruded into the door-to-face, and then carried out three beverages, two ice cream-to-face, and one hump-gate at the market price owned by the victim under custody in the cooling.

B. On September 6, 2018, the Defendant: (a) around 03:25, 2018, around September 6, 2018, carried eight times the market price of the victim’s possession, which was kept in the air conditioners, by tearing the entrance made of vinyl in the same manner as the above mentioned in the foregoing paragraph at the same place; and (b) went back with eight times the market price of the victim’s possession.

2. At around 03:30 on September 13, 2018, the Defendant embezzled Samsung Card with the intent to acquire it without following necessary procedures, such as returning it to the victim, even though the victim F acquired one copy of the Samsung Card from the first floor of the building of Goyang-gu, Goyang-si E, Goyang-si, Goyang-si, the central electrical unit.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of B and F;

1. All on-site photographs;

1. Seizure records;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 331(1) and 330 of the Criminal Act, Article 360(1) of the Criminal Act, and Article 360(1) of the Criminal Act, the choice of imprisonment for a crime;

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. For the reasons for sentencing under Article 48(1)1 of the Criminal Act, offenses 1 and 2 (special larceny) applicable to the sentencing guidelines (decision on the type of punishment) of the Criminal Act; thief for general property [No. 4] intrusion larceny [special person] mitigation element: Living penalty and indoor residential space.

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