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(영문) 대구지방법원 2020.06.18 2020고단1703
특수절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2020, the Defendant: (a) around 22:27, in front of the “D” entrance operated by Daegu Northern-gu B and 2nd floor C; (b) destroyed the locks corrected by using an incombustible tool; and (c) intruded into the above office; (d) carried four parts of the manufacturing part (defensed at the time of having adjoining tension and galles) with the total market price of KRW 1.6 million owned by the victim.

Accordingly, the defendant stolen the victim's property by damaging the door at night and impairing the structure managed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and written statement to C by the police;

1. Investigation report (specific suspect);

1. Application of CCTV photographs and field photographs-related Acts and subordinate statutes to the CCTV images attached to the investigation report;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] thief [No. 4] Intrusion (Special Convicted Persons] on general property: Where a person intrudes on places, other than his/her living or indoor residential space [the scope of the recommended punishment and the recommended punishment] special mitigation area, imprisonment with labor for up to four to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] six months to one year and six months (the lowest limit of the applicable punishment in law is applicable, since the lowest limit of the scope of the sentence recommended by the sentencing guidelines is inconsistent with the minimum limit of the applicable sentencing type in law, the applicable sentencing range in law shall prevail);

3. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime, and

D. Unfavorable circumstances: The instant case damages locks locked at night and intrudes into the office on the ground that the smuggling was not paid.

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