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(영문) 수원지방법원 안산지원 2019.03.27 2018고단4584
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around 04:00 on September 28, 2018, the Defendant: (a) destroyed a fluorial fluorial fluor in a container container container container container container container B; (b) removed the door; and (c) stolen another person’s property by entering the warehouse, and destroying part of the 22km fluorial fluor in the warehouse; (d) the 8km fluor’s 3 kilograms; (e) the 8km fluor’s 8km; (e) the 8km amount; (f) the 82km amount; (f) the 82km amount; (f) the 82km amount; (f) the 190km amount in the scrap metal; (f) the 13km amount in the scrap metal; and (f) the 13km amount in the loading of the cargo container III; and (f) destroying part of the structure at night; and (f) impairing another person’s property.

2. At night, around 03:09 on September 30, 2018, the Defendant: (a) opened a wooden door of the above container; and (b) stolen another person’s property by impairing a structure at night to load a 37 km truck (total market value of 700,000 won) while loading a 37 km truck; (c) the 46 km truck owned by the victim; (d) the 17 km truck; (e) the 17 km truck; (e) the 37 km truck; (e) the 17 km truck; (e) the 37 km truck; (e) the 17 km truck; (e) the 37 km truck; and (e) the 37 km truck.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of police suspect regarding D;

1. Each police statement of C;

1. Each photograph (Evidence Nos. 1, 5, 6, 18, 19);

1. Application of Acts and subordinate statutes on the purchase account books;

1. Relevant Articles 331(1) and 330 of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act;

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. On the grounds of the suspended sentence of Article 62(1) of the Criminal Act, Category 1 (Determination of Punishment) for the larceny in general property - In the event of intrusion into a place other than indoor residential space for mitigation element - In the event of an indoor residential space for mitigation element - In the mitigated area of punishment - In the mitigated area (decision on the recommended area), the mitigated area (decision on the recommended area) of entry into a structure (decision on the recommended area) after the night destruction of the increased element / [the scope of recommendation] 8 months to 1 year 2/ [decision on the punishment] 4 types of larceny in general property.

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